1. 2. 3. -HOW: In-Person on Paper OR Email to mkseltze@oakla 6:44 legibly please - Word Format if using computer 5Gill 72% (2 pts) Our law firm is contacted to potentially represent Pat in a suit against Dale for copyright infringement. What source(s) of law should we consult to determine if the facts Pat provided to the firm during the interview state a colorable cause of action (and there may be more than one cause of action we can allege) for this/these type of claim(s)? Be specific. (5 Points Total) Our law firm is drafting and filing a mortgage foreclosure Complaint on behalf of our client, Peterson Bank, against commercial entity ABC Inc. who has breached on its payment obligations under a written promissory note signed and used as collateral for the mortgage issued by our client. All parties are Michigan residents. The dispute seeks both money damages exceeding $25,000.00 + title to the commercial property. Please Answer the following: a. (2 pts) Is this a business and commercial dispute that must be assigned to a business court (in the appropriate circuit court)? WHY OR WHY NOT - Be specific in citing the Rule and marshalling your answer to the Rule. b. (2 pts) What Michigan Rule of Court (akin to Federal Rule of Civil Procedure 11) must we ensure is met before the Supervising attorney signs the pleading AND explain what it requires and what its ramifications are if we don't meet it? - c. (1 pts) Upon filing the complaint with the court, what particular document must also be submitted for the Court clerk to sign and stamp i.e., "issue" - and why is this document important? (4 pts 2 pts each) Dale was served with a Complaint on January 5, 2023. The Complaint was filed in Oakland County Circuit Court (State of Michigan). Answer the following: a. Must Dale take any action in response to the Complaint - if so what are Dale's options (be specific)? b. If Dale fails to take any what is the likely consequence? -please proceed to next page- 4. You are assisting your supervising Attorney in the representation of Pat in a personal injury case involving a slip and fall in the store aisle of Hammer & Nails R Us on May 1, 2020. Pat seeks money damages for a ruptured disc. Pat is a Michigan resident. Although Hammer & Nails R Us has 3 stores in Michigan, including the store where Pat fell, it is an Ohio corporation with its principal place of business (HQ). Pat fell at the store located in Farmington Hills Michigan. During the interview, Pat stated that he slipped and fell on a clear liquid substance on the floor which could not be seen from a standing position. Pat only detected the substance once on the floor when he moved his hand to get up. The aisle in which Pat fell was the liquid cleaner aisle. Pat provided 2 photos he took after the fall. He also advises that a manager came over after the fall and took photographs too, but Pat does not have those photographs. The manager also took statements from Pat and 1 other witness to create a fall report, but Pat does not have a copy of the report. Pat does not know the name of the witness either. Pat reports that he managed to pull himself up from the floor but was experiencing intense back pain. He drove directly from the store to Henry Ford Hospital, West Bloomfield, MI. The Hospital took X-Rays and a CT scan and diagnosed a ruptured disc. Turns out, he required surgery which was followed by 12 months of physical therapy. Your Firm wants to file a Complaint in Michigan state court. Using these facts, address the following: a. (2 points) Statute of Limitations. Slip and fall personal injury claims sound in negligence under Michigan law. Evaluate whether Pat's claim is time-barred. Consult MCL 600.5805 (posted on D2L) in answering this question and be sure to: (i) advise when the statute of limitation expires or expired (using our February due date as part of the calculation), together with any other information/advice you deem relevant to consideration. (ii) If the statute of limitations has not expired, comment on any strategy/concerns you may have regarding the timing of filing OUR Complaint in regard to the above limitations period. 3. 6:44 o filing the complaint with the court, what partictio for the Court clerk to sign and stamp - i.e.. document important? - 5Gill 71% (4 pts 2 pts each) Dale was served with a Complaint on January 5, 2023. The Complaint was filed in Oakland County Circuit Court (State of Michigan). Answer the following: a. Must Dale take any action in response to the Complaint - if so what are Dale's options (be specific)? b. If Dale fails to take any what is the likely consequence? -please proceed to next page- 4. You are assisting your supervising Attorney in the representation of Pat in a personal injury case involving a slip and fall in the store aisle of Hammer & Nails R Us on May 1, 2020. Pat seeks money damages for a ruptured disc. Pat is a Michigan resident. Although Hammer & Nails R Us has 3 stores in Michigan, including the store where Pat fell, it is an Ohio corporation with its principal place of business (HQ). Pat fell at the store located in Farmington Hills Michigan. During the interview, Pat stated that he slipped and fell on a clear liquid substance on the floor which could not be seen from a standing position. Pat only detected the substance once on the floor when he moved his hand to get up. The aisle in which Pat fell was the liquid cleaner aisle. Pat provided 2 photos he took after the fall. He also advises that a manager came over after the fall and took photographs too, but Pat does not have those photographs. The manager also took statements from Pat and 1 other witness to create a fall report, but Pat does not have a copy of the report. Pat does not know the name of the witness either. Pat reports that he managed to pull himself up from the floor but was experiencing intense back pain. He drove directly from the store to Henry Ford Hospital, West Bloomfield, MI. The Hospital took X-Rays and a CT scan and diagnosed a ruptured disc. Turns out, he required surgery which was followed by 12 months of physical therapy. Your Firm wants to file a Complaint in Michigan state court. Using these facts, address the following: a. (2 points) Statute of Limitations. Slip and fall personal injury claims sound in negligence under Michigan law. Evaluate whether Pat's claim is time-barred. Consult MCL 600.5805 (posted on D2L) in answering this question and be sure to: (i) advise when the statute of limitation expires or expired (using our February due date as part of the calculation), together with any other information/advice you deem relevant to consideration. (ii) If the statute of limitations has not expired, comment on any strategy/concerns you may have regarding the timing of filing OUR Complaint in regard to the above limitations period. b. (3 points) Facts Needed - Sources of Proof for them - Create a Litigation Chart using the Format displayed in Chapter 2. Consult Chapter 2 to create a litigation chart. There are 4 elements to state and prove this negligence-based claim: (1) duty, (2) breach of duty, (3) causation, and (4) damages. - c. (4 points 2 points each) Personal Jurisdiction. As noted, your firm wants to file the complaint in Michigan. (i) Does a Michigan court have personal jurisdiction over client Pat? JUSTIFY your answer with applicable rule(s) and analysis (ii) Does a Michigan court have personal jurisdiction over Hammer & Nails R Us? JUSTIFY your answer with applicable rule(s) and analysis. d. (4 points) Subject matter jurisdiction. IF the Complaint is filed in Michigan STATE Court, assess whether Hammer & Nails R US can remove the lawsuit to federal district court on the basis of diversity jurisdiction. Review and apply USC 1441 and 1332 regarding diversity jurisdiction to answer/discuss this question.