Write a motion to dismiss the causes of action against a client.
From: Boss Partner
To: Paralegal
Date: 02/28/YR01
Re: Smith v. Johnson
Well, those settlement negotiations didn't go very well, did they? That was nasty. We're really earning our money on this representation. I think we can assume that this thing is going to trial unless we can get it dismissed.
Because the facts in this case are hardly disputed, our best chance to win is to get the various counts against Jane dismissed. If the case ever goes to a jury, I wouldn't count on Jane and her business idea as coming across as very sympathetic. So, I would like to start working on a motion to dismiss the causes of action against Jane.
By way of review, Douglas Smith has alleged the following causes of action against Jane:
- Defamation - based on Jane allowing Brenda James' review of him to reside on her website)
- Invasion of privacy - based on Jane allowing Douglas's name, address and vehicle information to be published on her website.
- Invasion of privacy - based on Jane allowing the video of the Smith's profanity laced rant against Brenda to remain posted on Jane's website.
- Misappropriation of name and likeness - based on Jane allowing a video of Douglas to remain on her commercial site, thereby making money off of his name and likeness.
- Intentional infliction of emotional distress.
Based on all your prior research, you should have a really good feeling for the law involved and how it applies to Jane's potential liability.
So, I would like you to take a stab at drafting a memorandum in support of a motion to dismiss all of the counts of the complaint against Jane. I'll review and edit it of course, but, when writing it, pretend you're writing to the court and that it would be submitted with no review.