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JJ McIntyre, the manufacturer of the machine that took Nicastro's fingers, calls you and asks for advice. They have been sued by a California resident

JJ McIntyre, the manufacturer of the machine that took Nicastro's fingers, calls you and asks for advice. They have been sued by a California resident who works at another plant and just received a summons. Evidently, JJ McIntyre decided to try to sell their machines o California companies, attending trade shows, doing mailings and email blasts to California companies. They signed up a Los Angeles marketing company to do this, and the VP Sales has been in California to see customers several times. JJ McIntyre thinks that since they did not have an office in California, and since they won last time in New Jersey, they can ignore the summons.

  1. Should McIntyre ignore the summons? Why or why not?

2. Using the FIRAC method (so tell me what FIRAC is) How do you think a Court will hold in this case? Why?

  • Facts: fully understand the plaintiffs identity, the defendants identity, and the incidents that led to the lawsuit After carefully understanding the fundamental facts underlying the lawsuit case, the IRAC method is a great analysis tool:

  • Issue: identify the central legal issue involved in the lawsuit case.

  • Rule: identify the rule of law that is relevant/ tightly connect to the issue.

  • Application: Apply the rule of law to the specific facts of the case.

  • Conclusion: drawing a conclusion for the case.

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