DIRECTIONS: Draft a memo to your attorney (Daniel Cheatum, Esq.) summarizing Jane Jackson’s pre-litigation analysis that we have been working on in our in-class exercises. You should write the memo in narrative form and include all of your answers to the client analysis questions discussed in each module. The answers to the questions should be combined into a coherent summary that is specific to Jane Jackson’s case.
The questions from all three modules are included below for your reference.
We will work on the analysis questions from Module 3 in our class session on
LIST OF ANALYSIS QUESTIONS FOR YOUR REFERENCE:
- Does Jane Jackson have standing to bring a lawsuit against Triple W? Why or why not?
- What type of remedy could Jane Jackson seek in her case? Explain.
- What court do you think Jane Jackson should bring her claim in and why (what court do you think would have subject matter jurisdiction in this case)?
- Could Jane’s case be brought in federal court? Why or why not?
- What venue should the case be brought in and why?
- Who would be the plaintiff(s) in this action?
- Who would be the defendant(s) in this action?
- Does it look like there are any counter-claims available from the facts given?
- Does it look like there are any cross-claims available from the facts given?
- What type of special damages might the plaintiff claim?
- What type of general damages might the plaintiff claim?
- What is the statute of limitations for the plaintiff’s claim?
- Given this statute of limitations, on what date would the plaintiff’s ability to bring a claim against defendant(s) end?
- Would a notice of intent/claim be necessary in this case? Why or why not?
- Would tolling potentially apply in this case? Why or why not?
- How will Jane’s case be commenced – through service or filing? Explain why.
- How much will it cost to file Jane’s case? Explain.
- How will the court obtain personal jurisdiction over Jane in this case? Explain.
- Are there any potential issues with the court being able to assert personal jurisdiction over William Winston or Triple W? Explain.
- How (by what method) should we serve William Winston/Triple W? Explain.
- How much time will we have to serve William Winston/Triple W and when will the time period begin? Explain.
- Is there a difference in how we will need to serve the summons and complaint (the initiatory documents) as opposed to other subsequent (interlocutory) papers? Explain.
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