Litigation Plan

 Litigation Plan

Memorandum

To:

From: Your Name

CC: Other recipients

Subject: Ms. Baker vs. Ms. Smith

Questions Presented

Ms. Baker, a resident of Connecticut, was on a road trip to visit the world’s largest ball of twine in Cawker City, Kansas. When she was driving in Kansas, Ms. Smith, a Kansas resident, hit her car from behind. Unfortunately, Ms. Baker’s car was totaled, she suffered injuries, emotional distress, and lost time from work. Her damages exceeded $75,000. The police determined the accident was wholly the fault of Ms. Smith.

1. Can this case be filed in federal court? Why? (HINT: See Diversity Jurisdiction)
2. Identify and explain the first document that the firm should file in court on behalf of Ms. Baker that will let Ms. Smith know that she is being sued.
3. Identify what information should be sought in discovery.
4. Identify and explain witnesses that should be called on behalf of Ms. Baker at trial.
5. Would ADR be helpful in this case? Why?

Facts

The case against Ms. Smith can be filed in a federal court. Firstly, both Ms. Smith and Ms. Baker come from different states, Kansas and Connecticut, respectively. This is the first requirement the case meets, as the plaintiff does not share citizenship with the defendant. According to the Judiciary Act of 1789, diversity jurisdiction is granted to federal courts when dealing with individuals from varying states (Cafferty, 2019). This jurisdiction does not change depending on the state where the case is filed. T estimated damages exceed $75,000 (Law Information Institute, 2020).

The first document that should be filed in court on behalf of Ms. Baker is a formal demand letter. A demand letter is important in letting Ms. Smith know that she is being sued. It states the case of the plaintiff, Ms. Baker, her expectations and highlights the settlement that is required. Opening a case in this manner will allow the legal representatives to organize the facts and evidence required to prove the plaintiff’s position against Ms. Smith, probably achieve an out-of-court settlement, state a deadline when the plaintiff will proceed to court, and open a negotiation platform. The written document will also increase the chances of receiving a settlement on behalf of Ms. Baker.

The discovery process is critical for building evidence through the collation of facts that will be used to argue the case in a federal court. A deposition is one of the processes of collecting information from third parties. Some of the information the team should collect includes ownership of each vehicle, citizenship of the plaintiff and defendant, Ms. Baker’s medical records, and the specific day’s events. In addition, information regarding towing of the vehicle is necessary. This information will enable the team to develop an argument based on facts.

One of the witnesses that should be called on behalf of Ms. Baker is the police officer who determined the incident. They should be able to provide detailed information about the accident. The second witness is the mechanic or towing agent. They should confirm details about the vehicle’s damages when received or prior to towing. The third witness should be the doctor who treated Ms. Baker’s injuries from the accident. The fourth witness that should testify is an insurance representative, who should provide information regarding the vehicle’s valuation and the damage estimate. Most importantly, Ms. Baker should testify to provide her version of the accident. This information will provide the jury with facts regarding the accident and facilitate the ruling.

Alternative Dispute Resolution (ADR) can be helpful in this case. The litigants may have to wait for long for the federal court’s ruling. This period of waiting tends to cause more anguish to the defendant whose vehicle is totaled. Thus, mediation or arbitration can facilitate a peaceful out-of-court settlement (Legal Information Institute, 2017). The peaceful process reduces the waiting time and is completely dependent on the parties’ willingness.

References

Cafferty, C. (2019). Diversity Pleadings Requirements under 28 U.S.C § 1332. Retrieved from https://www.americanbar.org/groups/litigation/committees/pretrial-practice-discovery/practice/2019/diversity-pleadings-requirements-under-28-usc-1332/

Law Information Institute. (2020). Diversity Jurisdiction. Retrieved from https://www.law.cornell.edu/wex/diversity_jurisdiction

Legal Information Institute. (2017). Alternative Dispute Resolution. Retrieved from https://www.law.cornell.edu/wex/alternative_dispute_resolution

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Litigation Plan

Overview:

Imagine that you are a paralegal in law firm. You have been tasked with drafting the initial memo regarding the case of a new client to the firm, Ms. Baker.

After interviewing Ms. Baker, you learned the following: