HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    LA County
    Bar Foundation
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 121: Unsuitable
(December 2003)


Instructions for Obtaining MCLE Credits


The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.
Test Sheet 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. An antisuit injunction restrains a foreign court from entering orders and judgments.
 True.
False.

2. California courts may only issue antisuit injunctions with respect to actions pending in other California courts.
 True.
False.

3. It was not until the California Supreme Court issued its decision in Advanced Bionics Corporation v. Medtronic, Inc. that California courts first became empowered to issue antisuit injunctions.
 True.
False.

4. The doctrine of forum non conveniens seeks to ensure that litigation that is pending in more than one court is adjudicated on its merits by the court with the closer connection to the parties' dispute.
 True.
False.

5. The U.S. Supreme Court has commented that the doctrine of forum non conveniens produces uniform and predictable results.
 True.
False.

6. Principles of judicial restraint and comity require California trial courts to use their power to issue antisuit injunctions sparingly.
 True.
False.

7. A California trial court may issue an antisuit injunction because conflicting judgments might ultimately issue in two different lawsuits, filed in two different states and involving the same parties.
 True.
False.

8. In his concurring opinion in Advanced Bionics, Justice Moreno commented that Texas permits the issuance of antisuit injunctions only in very special circumstances.
 True.
False.

9. Which of the following factors is not relevant to the issuance of an antisuit injunction in Texas?
A. To prevent an evasion of important public policy.
B. To protect a party from vexatious or harassing litigation.
C. To ensure that local controversies are decided by local courts.
D. To prevent a multiplicity of lawsuits.

10. In his concurring opinion in Advanced Bionics, Moreno stated that the interests of judicial restraint and comity are served by permitting the issuance of antisuit injunctions only to avoid a multiplicity of lawsuits between the parties to an action.
 True.
False.

11. In Forum Insurance Company v. Bristol-Myers Squibb Company, the Texas court appropriately issued an antisuit injunction for which of the following reasons?
A. The insurance policies at issue contained "service of suit" clauses.
B. The policyholders were Texas-based companies.
C. The parties were in settlement discussions when the insurance companies filed a competing lawsuit in New York.
D. The competing lawsuit that the insurance companies filed in New York threatened the jurisdiction of the Texas court where an action was originally pending between the parties.

12. In London Market Insurers v. American Home Assurance Company, the insurance companies argued, among other things, that the lawsuit they filed in New York should be able to proceed because it involved different types of asbestos claims than were at issue in the case that the policyholder filed in Texas.
 True.
False.

13. The issuance of an antisuit injunction in London Market Insurers was affirmed on appeal because the Lloyd's insurance policies obligated the underwriters to defend a lawsuit in any court chosen by the policyholder.
 True.
False.

14. The London Market Insurers court held, among other things, that the policyholder's lawsuit in Texas encompassed all of the issues concerning its right to insurance coverage for asbestos lawsuits, regardless of how the asbestos lawsuits were labeled.
 True.
False.

15. An antisuit injunction was issued in London Market Insurers, in part, to avoid difficult choice of law problems regarding New York and Texas law.
 True.
False.

16. In American International Specialty Lines Insurance Company v. Triton Energy Ltd., the policyholder filed an insurance coverage action in California because California law permits indemnification for punitive damages.
 True.
False.

17. The trial court in Triton held that the presence of a "service of suit" clause in an insurance policy prohibited the insurance company from filing a lawsuit against the policyholder in a foreign jurisdiction.
 True.
False.

18. The antisuit injunction in Triton was affirmed on appeal because, among other things, the "service of suit" clause in the insurance policy issued by the insurer that filed the parallel lawsuit required the insurer to abide by any final decision entered by the court chosen by the policyholder.
 True.
False.

19. To obtain an antisuit injunction, the policyholder in Triton was not required to demonstrate that the later-filed lawsuit by its insurance company posed an actual threat to the original court's jurisdiction.
 True.
False.

20. In California, a "service of suit" clause in an insurance policy favors maintenance of the lawsuit in the forum chosen by the policyholder.
 True.
False.


Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit