assn 4-legal writing and research

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.

Thank for your assistance!

B. Partner