July 2000
Harr Homeowner, a citizen of
the State
of Texas and a resident of
Harrs County, retains you to
represent him in a lawsuit he intends to pursue against Buildem, Inc., a Delaware corporation
with its principal office in Phoenix, Arzona. Buildem, Inc. has no offl~ in Texas. Homeowner
purchased a $750,000 home in Houston, Harrs County, Texas froii~Buildem Houston, Inc.
Homeowner alleges that Buildem Houston, Inc., a Texas corporation that was a subsidiar of
Buildem, Inc. and has now been dissolved, breached a contract and violated the Texas Deceptive
Trade Practices Act by using substandard and unapproved insulation and other building
materials.
1. Assume that Buildem Houston, Inc.'s former marketing director has knowledge of
facts important to Homeowner's case and that he is scheduled to accept a job overseas
with a different company rendering him unavailable to participate in discovery unless
it occurs prior to filing snit. What must Homeowner do to
secure the former
marketing director's deposition prior to the filing of the lawsuit
and what
are three
(3) points that must be included in the documents relating to Homeowner's effort to
secure the deposition?
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2. Assume that no mandatory venue provision applies and that there is more than one
county where Homeowner can file suit in Texas under the general
venue rule. What
criteria can be used to determine one of the countieS where Homeowner might file
the.
suit? Explain fully.
3. What procedure is available to Buildem, Inc. to challenge the Texas
court's exercise of
personal jurisdiction over it and at what stage of the case must it be asserted? Explain
fully.
4. a. Assume that Homeowner's pleadings contain the following statement "The
unliquidated damages are within the jurisdictional limits of this court." What
procedural mechanism can Buildem, Inc. employ to require the
Plaintiff to specify the
maximum amount claimed, and at what stage of
the case may it be employed? Explain
fully.
b. In a single sentence, set forth what statement H