LONE STARR CONSTRUCTION, INC.San Antonio, Texas

"Aggie Owned and Operated Since 1983"

Interoffice Memorandum

As you have surely heard around the office over the last few months, Lone Starr Construction has had a great deal of trouble with the quality of some $350,000 in steel rods and plates that we have purchased from Titus Steel. Our plan was to use this steel in our various commercial construction projects in the greater San Antonio Area, but great inconsistency in the length (of the rods) and width (of the plates) has rendered this huge stockpile of steel unusable for us. Titus refuses to take back the steel products, and I fear we may ultimately be heading to court.

In conversation at last week's Chamber of Commerce meeting, I happened to find out that another local company, Bemex International, had sued Titus Steel over some similar quality issues back in 2015. Lone Starr's outside litigation counsel (mainly as a favor to me) agreed to obtain documents fromBemex International v. Titus Steelso we could get some possible ideas of what a lawsuit against Titus would look like. That case ultimately settled, incidentally, for an undisclosed amount and confidential terms. Thus, we do not know exactly what happened after the litigation documents we now possess. The Bemex representatives won't talk to us about the matter, either. I suspect that their settlement contained a non-disclosure provision.

Because you recently completed your M.Jur./M.L.S. degree from Texas A&M University School of Law, I thought you might be the best person to review these documents, initially, as we think through whether we should consult our litigation counsel further.

Please review the collection of documents I have provided to you. They are available in the module on our website that contains this assignment.

1. Summarize the basic facts of the underlying dispute (the reason why the parties ended up in a lawsuit) in theBemexcase;
2. Summarize the basic facts of how the litigation proceeded (the so-called "procedural facts") in theBemexcase;
3. Describe (very briefly) potential claims that Bemex might have against Titus based on what was learned from theBemexdocuments and any (minimal and optional) supplemental research regarding the legal claims inBemex;and
4. Highlight any potential risks believed Lone Starr Construction should be aware of before they sue Titus Steel. In other words, if Bemex International made any mistakes, those certainly do not want to be repeated.

I have to write an "executive summary" type introduction paragraph, four sections (with headings) that line up with the four topics described above, and a conclusion paragraph.

This 2015 litigation will not tell everything needed to know, but it is a good starting point for the company's consideration of this matter and whether outside legal counsel should be involved. I have to have my final paper submitted by Sunday, September 18th at 11:59 PM

I have additional documents for review but they will not upload