Abel Abrahamson is a client of your firm (Sinclaire and Sinclaire, 464 Main St., Blackacre, Hometown, 37373). He recently received a Summons and Complaint from the Blackacre Circuit Court in your home state (Wisconsin), informing him that his brother, Cain, is suing him. The complaint is attached below by clicking the course project complaint. Your supervising attorney, Jake Smalls, has asked you to prepare an Answer and Counterclaim on behalf of Abel, for his review. He has already spoken with Abel, who has given him the following information:He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.He believes his brother was intoxicated at the time, and was speeding.He knows his brother went to the hospital, but is unsure of the extent of his injuries or medical bills. He is sure, however, that his brother is faking some of his injuries–he saw him moving furniture shortly after the accident. This also leads him to believe he could still perform his job.He is furious with his brother, and wants to sue him for defamation. His brother has been going around town telling “everyone” that he intentionally ran him over because he thought Cain was going to tell Abel’s wife about an affair Abel was engaged in.Abel adamantly denies hitting his brother on purpose, and is furious, as he has never engaged in an affair. Regardless, news of his brother’s statements about him have spread amongst the town, and Abel recently lost an election whereby he was running for the Blackacre School Board. Polling showed he lost the election due to the public’s concern over his moral fitness.Your supervising attorney has advised you that a claim for slander requires allegations of a false statement, published (or spread to other people) causing damages and economic loss.He has also advised you that you will need to research possible affirmative defenses in your home state (Wisconsin) in order to include any potential affirmative defenses in the Answer. A template for your answer is available below by clicking on the the Answer Sample.IN THE COURT OF COMMON PLEAS
BLACKACRE
CAIN ABRAHAMSON
123 Main St.
Blackacre, Homestate, 37373
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Case No. 15-3728
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Judge Markhamson
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COMPLAINT; JURY DEMAND
ENDORSED HEREON
Plaintiff
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v.
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ABEL ABRAHAMSON
47477 Innocent Ave.
Blackacre, Homestate, 33333
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Jeff Rey
123 Apple Street
Blackacre, Homestate 12345
Telephone: (417) 867-5309
Facsimile: (417) 555-0111
Attorneys for Plaintiff
Defendant
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NOW COMES Plaintiff, Cain Abrahamson, with his counsel Jeff Rey, bringing a claim
against Abel Abrahamson for the following reasons:
CLAIM FOR RELIEF – NEGLIGENCE
1.
On January 31, 2011, at approximately 7:30 AM, Plaintiff, Cain Abrahamson was
traveling southbound on Interstate 75 at the 205 mile marker in Blackacre.
2.
Plaintiff was stopped behind numerous other cars in heavy traffic in the right lane.
3.
At that time, Defendant, Abel Abrahamson negligently crashed into Plaintiff, rear ending
his vehicle when his auto rolled forward.
4.
The Blackacre Police Department arrived on the scene at 7:47AM and filed a police
report related to the crash.
5.
As a result of the crash, Plaintiff has endured severe spinal trauma and had to undergo
neck surgery, damage to his automobile, and has been unable to return to his career as a
Personal Trainer.
6.
The Defendant had a general duty to the safety and welfare of other drivers on the
roadway.
7.
The Defendant breached its duty of due care by failing to retain control of his vehicle and
by crashing into the rear end of Plaintiff’s vehicle.
8.
As a result of Defendant’s negligence, Plaintiff suffered back and spine injuries.
9.
As a proximate result of Defendant’s negligence, Plaintiff was burdened with medical
expenses in excess of $10,000.00.
10.
Furthermore, as a proximate result of Defendant’s negligence, Plaintiff has been
damaged with pain and suffering and the loss of his career.
WHEREFORE, Plaintiff prays for judgment in an amount exceeding the sum of
$25,000.00 for damages proximately caused by Defendant’s negligence, and for all other relief to
which Plaintiff may be entitled.
Respectfully submitted,
__/s/ Jeff Rey____________________________________
Jeff Rey
123 Apple Street
Blackacre, Homestate 12345
Telephone: (417) 867-5309
Facsimile: (417) 555-0111
Attorney for Plaintiff
JURY DEMAND
Plaintiff demands a jury trial as to all issues so triable in the within cause.
_/s/ Jeff Rey___________________________
STATE OF MINNESOTA
IN THE CIRCUIT COURT FOR THE COUNTY OF BLACKACRE
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JOE SMITH,
) Case No.: 12-12548
)
Plaintiff
) Honorable Judge Smith
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v.
)
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JON DOE
) ANSWER WITH AFFIRMATIVE
) DEFENSES AND COUNTERCLAIMS
)
Defendant
)
)
)
)
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ATTORNEY NAME, ADDRESS, ETC
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Now comes Defendant Jon Doe and for his Answer to the Complaint herein filed by Plaintiff,
pleads as follows:
PARTIES, JURISDICTION, AND VENUE
1.
Defendant Admits the allegations contained in paragraph 1 of the Complaint.
2.
Defendant Admits the allegations contained in paragraph 2 of the Complaint.
3.
Defendant Admits the allegations contained in paragraph 3 of the Complaint.
4.
Defendant Admits the allegations contained in paragraph 4 of the Complaint.
5.
Defendant neither admits nor denies the allegations in paragraph 5 of the complaint as
he lacks sufficient information to form a belief as to the truth of the matters asserted.
COMMON ALLEGATIONS
6.
With respect to the allegations contained in paragraph six of Plaintiff’s Complaint,
Defendant incorporates the admissions and denials contained in paragraphs one (1)
through five (5) of this Answer, supra.
7.
Defendant Admits the allegations contained in paragraph 7 of the Complaint.
8.
Defendant Admits the allegations contained in paragraph 8 of the Complaint.
9.
Defendant Denies the allegations contained in paragraph 9 of the Complaint for the
reason that they are untrue.
10.
Defendant Admits the allegations contained in paragraph 10 of the Complaint.
11.
Defendant Admits the allegations contained in paragraph 11 of the Complaint.
12.
Defendant Admits the allegations contained in paragraph 12 of the Complaint.
13.
Defendant Admits the allegations contained in paragraph 13 of the Complaint.
14.
Defendant Admits the allegations contained in paragraph 14 of the Complaint.
15.
Defendant Admits the allegations contained in paragraph 15 of the Complaint.
16.
Defendant Admits the allegations contained in paragraph 16 of the Complaint.
17.
Defendant Admits the allegations contained in paragraph 17 of the Complaint.
18.
Defendant Admits the allegations contained in paragraph 18 of the Complaint.
19.
Defendant Admits the allegations contained in paragraph 19 of the Complaint.
20.
Defendant Admits the allegations contained in paragraph 20 of the Complaint.
21.
Defendant Admits the allegations contained in paragraph 21 of the Complaint.
22.
Defendant Admits the allegations contained in paragraph 22 of the Complaint.
23.
Defendant Admits the allegations contained in paragraph 23 of the Complaint.
24.
Defendant Admits the allegations contained in paragraph 24 of the Complaint.
25.
Defendant neither admits nor denies the allegations in paragraph 25 of the complaint as
he lacks sufficient information to form a belief as to the truth of the matters asserted.
26.
Defendant Denies the allegations contained in paragraph 26 of the Complaint for the
reason that they are untrue.
27.
Defendant Admits the allegations contained in paragraph 27 of the Complaint.
28.
Defendant Admits the allegations contained in paragraph 28 of the Complaint.
29.
Defendant Admits the allegations contained in paragraph 29 of the Complaint.
30.
Defendant Denies the allegations contained in paragraph 30 of the Complaint for the
reason that they are untrue.
31.
Defendant Admits the allegations contained in paragraph 31 of the Complaint.
32.
Defendant Admits the allegations contained in paragraph 32 of the Complaint.
33.
Defendant denies the allegations contained in paragraph 33 of the Complaint, in that it is
untrue that Defendant would not voluntarily transfer to GG Media the assets.
34.
Defendant neither admits nor denies the allegations in paragraph 34 of the complaint as
he lacks sufficient information to form a belief as to the truth of the matters asserted.
35.
Defendant Admits the allegations contained in paragraph 35 of the Complaint.
36.
Defendant Denies the allegations contained in paragraph 36 of the Complaint for the
reason that they are untrue.
37.
Defendant Denies the allegations contained in paragraph 37 of the Complaint for the
reason that they are untrue.
38.
Defendant neither admits nor denies the allegations in paragraph 38 of the complaint as
he lacks sufficient information to form a belief as to the truth of the matters asserted.
39.
Defendant Denies the allegations contained in paragraph 39 of the Complaint for the
reason that they are untrue.
40.
Defendant Denies the allegations contained in paragraph 40 of the Complaint for the
reason that they are untrue.
COUNT ONE- BREACH OF CONTRACT
41.
With respect to the allegations contained in paragraph 41 of Plaintiff’s Complaint,
Defendant incorporates the admissions and denials contained in paragraphs 1 through 40
of this Answer, supra.
42.
Defendant Admits the allegations contained in paragraph 42 of the Complaint.
43.
Defendant Denies the allegations contained in paragraph 43 of the Complaint for the
reason that they are untrue.
44.
Defendant Denies the allegations contained in paragraph 44 of the Complaint for the
reason that they are untrue.
45.
Defendant Denies the allegations contained in paragraph 45 of the Complaint for the
reason that they are untrue.
COUNT II- TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS
46.
With respect to the allegations contained in paragraph 46 of Plaintiff’s Complaint,
Defendant incorporates the admissions and denials contained in paragraphs 1 through 45
of this Answer, supra.
47.
Defendant Admits the allegations contained in paragraph 47 of the Complaint.
48.
Defendant Admits the allegations contained in paragraph 48 of the Complaint.
49.
Defendant Denies the allegations contained in paragraph 49 of the Complaint for the
reason that they are untrue.
50.
Defendant Denies the allegations contained in paragraph 50 of the Complaint for the
reason that they are untrue.
WHEREFORE, having fully answered, Defendant Jon Doe prays this Honorable Court dismiss
Plaintiff’s Complaint in its entirety with prejudice
Respectfully submitted,
By: ________________________________
Attorney name
Attorney for Defendant, Jon Doe
Dated: May 25, 2012
AFFIRMATIVE DEFENSES
1.
Plaintiff’s Complaint fails to state a claim upon which relief can be granted.
2.
Plaintiff’s claims are barred by the doctrine of unclean hands
3.
Plaintiff has failed to mitigate its damages
4.
Plaintiff’s claims are barred by the doctrines of satisfaction and discharge
5.
Plaintiff’s claims are barred as Plaintiff breached its duty of good faith and fair
dealing.
6.
Plaintiff’s claims are barred due to equitable estoppel.
7.
Plaintiff is not entitled to any attorney’s fees.
8.
Defendant reserves the right to amend or add affirmative defenses that may
become known through discovery.
Respectfully submitted,
By: ________________________________
Attorneys Name
Attorney for Defendant, Jon Doe
Dated: May 25, 2012
COUNTERCLAIMS OF DEFENDANT
COMMON ALLEGATIONS
1.
2.
3.
4.
5.
6.
COUNTERCLAIM I-INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
7.
Defendant incorporates each and every allegation contained in paragraphs 1
through 6 of the Counterclaims by reference in its entirety as if fully restated
herein.
8.
Defendant states that at the time of his termination he was in the hospital with his
wife, who was suffering from a difficult and risky pregnancy, and was in labor.
9.
Defendant states that Plaintiff knew that Defendant’s wife was having difficulty
with her pregnancy, and knew that she was in labor with a chance that the
children would not survive, when it chose to terminate Defendant’s employment.
10.
Defendant states that during the course of his employment and during events
which led up to his termination, the Plaintiff intentionally engaged in a course of
conduct which was outrageous and beyond all possible bounds of decency and
such that no reasonable person could be expected to endure same. Defendant
states that Plaintiff’s conduct was calculated to cause and did cause Defendant to
suffer serious emotional stress proximately resulting from its actions.
11.
As a proximate result of the actions of Plaintiff complained of herein, Defendant
has suffered the loss of his job position, past and future wages and benefits,
diminished earning capacity, professional damage, and great mental and
emotional stress, anxiety, humiliation and embarrassment
COUNTERCLAIM II-BREACH OF CONTRACT
12.
Defendant incorporates each and every allegation contained in paragraphs 1
through 11 of the Counterclaims by reference in its entirety as if fully restated
herein.
13.
Defendant and Plaintiff had an employment contract, by which removal of
Defendant from his position as an officer of Plaintiff, required a vote of the
shareholders of the corporation. (Exhibit 1)
14.
Pursuant to the Plaintiff’s Bylaws (Exhibit 2), every shareholder is entitled to a
vote in person or by proxy, with 10 days notice to each shareholder before a vote
is to take place.
15.
Plaintiff breached its contract with Defendant when it failed to provide notice of a
meeting to Defendant, and did not hold a valid vote to remove Defendant from his
position as Chief Operating Officer and Secretary.
16.
For Plaintiff’s breach, Defendant is entitled to be compensated for performance
under the contract.
WHEREFORE, Defendant prays for relief with judgment against Plaintiff for
compensatory and general damages in an amount exceeding the sum of $25,000.00, plus interest
from the date of judgment at the statutory rate of interest, for Defendant’s costs and reasonable
attorney fees expended here and all other such legal and/or equitable relief as this Court may
deem just and proper.
Respectfully submitted,
By: ________________________________
Attorney Name
Attorney for Defendant, Jon Doe
Dated: May 25, 2012
PROOF OF SERVICE
I hereby certify that on May 25, 2012 a copy of the foregoing Answer with Affirmative Defenses
and Counterclaims was sent via ordinary U.S. Mail to Jackson Trust, 432 Fifth St, Blackacre,
Minnesota, 18181, Attorney for Plaintiff.
__________________________________
Attorney Name
Attorney for Defendant
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