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Question
After a lawsuit is filed in federal court, one party asks for a ruling that would change how the case proceeds. An out-of-state company repeatedly sold services into the forum and the lawsuit arose from those sales. One fact supports relief and another undercuts it, so the result turns on which fact the governing rule makes controlling.
One party asks the federal court for a ruling before trial; the opponent argues that the case should proceed differently because of timing, jurisdiction, preservation, or the available procedural remedy.
How should the court rule? Discuss the strongest arguments for each side, identify the controlling procedural rule, and explain the likely disposition.