Memo Assignment

Solomon & St. John

INTERNAL MEMORANDUM

ATTOORNEY WORK PRODUCT

MEMORANDUM

FROM:

TO: JEFFREY SOLOMON

RE: POTENTIAL LITIGATION BY JOHN and SUZIE ST. JOHN

DATE:

You have requested me to formulate a memorandum report and recommendations outlining the venue, jurisdiction, and related matters in connection with the would-be clients, John and Suzie St. John, based on the facts presented below:

1. The driver (John) of the car was careless
2. The controller failed and ultimately caused the accident
3. The parties involved include drone operator (Peter Penn), controller manufacturer (Wu Wei Electronics Company), distributor (CaliCommerce, Inc.), seller (Sheboygan Specialty Drone Manufacturer), and the traffic police department
4. Lawsuits against Sheboygan Company must be brought in Michigan as per the company’s terms of and condition of sale and warranty.

Based on my evaluation of the facts of the case, I believe that the preliminary procedural and jurisdiction issues laid down below must be tackled and determined before commencing the lawsuit:

The first pre-litigation issue entails correspondence between the firm and the other parties involved to avoid confusion and unnecessary delays. Secondly, there is need to examine some material facts such as the fact that John was driving carelessly as this could affect the merit of the case. Moreover, the missing information regarding the various role of the distributor, CaliCommerce, is important as it could assist in apportioning the blame fairly.

Recommendations

Based on the argument above, it is my considered recommendation that we proceed as follows:

First, Solomon & St. John should encourage the parties involved to solve the dispute out of court. If this fails, the firm should go ahead and sue Wu Wei Electronics Company at one of the Pennsylvania law courts.  One of the challenges that we might confront is the possibility of conflict between China and Pennsylvania law. Moreover, the involvement of a foreign party in the lawsuit might be time-consuming especially due to the possible lack of goodwill. The cooperation of Sheboygan Specialty Manufacturing Company is not guaranteed especially due to the fact the lawsuit will not be brought in Michigan as per their terms and condition of sale and warranty.

Rule 1017 is one of the special pleading rules that might apply in the Pennsylvania Court proceedings. In that connection, the pleadings in this action are limited to a complaint and a response thereto as well a preliminary objection by Sheboygan Specialty Drone Manufacturer.  Moreover, the lawsuit involves multiple parties including the drone operator (Peter Penn), Wu Wei Electronics, CaliCommerce Incorporation, Sheboygan Specialty Drone Manufacturer, and traffic police department. The existence of these multiple stakeholders might delay the court process.