P noticed the deposition of officers of D corporation in the district where the action was pending. D is an out of state corporation served in the forum state under the terms of a long arm statute. D objects to submit to the depositions in the forum state. Father and daughter are injured in an accident caused by D. Father sued D in federal court on the basis of diversity of citizenship. Following a successful prosecution of his federal court action Father sued on behalf of his daughter in state court.
D defends on the basis of the judicata.
Father claims collateral estoppel. Evaluate these positions. D now asks the court to decertify the class. A bank brought suit in federal court on the basis of diversity jurisdiction against a customer who had borrowed money from the bank, and failed to repay it in a timely fashion. The loan was federally insured under the terms of the National Housing Act.