Question
Ignatius O'Reilly owns and operates a famous hot dog stand in in New Orleans's French Quarter. He incorporated his business in the state of Montanathough
Ignatius O'Reilly owns and operates a famous hot dog stand in in New Orleans's French Quarter. He incorporated his business in the state of Montanathough he has absolutely no operations in Montana (except for a registered agent)and names his corporation "Nola Dogs, Inc." He manages the corporation as the sole shareholder. To drum up business, he hires the writer Myrna Minkoff to write a book about his operations. Ignatius agrees to pay Myrna "$10,000 in consideration for a book detailing the successes of Nola Dogs, Inc., to be paid after the book's completion." It also includes a clause that "any breach of this contract will result in a $1,000,000 penalty." Myrna then requests "whatever documents that could help me to write this book." Because Ignatius is poorly organized, he gives her whatever stacks of papers were lying around his office, telling her "don't print anything that could make me look bad or I otherwise wouldn't want to be printed." In the stacks of papers, Myrna finds secret recipes for his hot dogs as well as Ignatius's journal in which he espouses subversive political opinionsshe intends to print both. Upon learning this, Ignatius sends her a cease and desist letter regarding the documents. When she balks, Ignatius refuses to pay her, terminates their agreement, and orders her to return the papers without publishing them. Myrna sues Ignatius in his personal and corporate capacity in Louisiana as well as prints his papers, and Ignatius countersues. What are the most likely claims brought by each party and what is the likely result of litigation?
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