Conduct the necessary legal research on the following pre-
litigation issues and to put together a memo to the Managing Partner in which you address each. Your memo will be used in the upcoming meeting with the client.
1.Parties – Identify and justify with legal authority which persons/entities can be named as plaintiffs in this case and which persons/entities can be named as defendants.
2. Causes of Action – Using support from legal authority, identify
what causes of action can be made against each of the defendants.
• Identify and explain the elements of each cause of action and what we, as the plaintiff, must prove in order to succeed on each cause of action (i.e., what is our burden of proof on each cause of action).
• In doing so, describe whether we can pursue any intentional torts,
and explain why or why not.
• As well, explain whether there are any theories of strict liability we can pursue, and explain why or why not.
3. Damages–Using support from legal authority, identify and explain
what types of damages we can seek against each of the defendants you identified.
4.Court – Using support from legal authority, identify and justify
what court litigation should be commenced in taking into account subject matter jurisdiction, personal jurisdiction and venue.
5. Next Steps – Using support from legal authority, outline and explain
what next steps must be taken in order to commence litigation.
After you have conducted the necessary research of the law in the state of New York, compose
an intra-office memorandum to the Managing Partner in which you address each of the five topics outlined above. Your memo must be at least 750 words in length and must contain references to at least
five primary sources of law from New York State. All sources of law must be properly cited pursuant to The Bluebook.
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