This Report addresses the legal issues surrounding the injury that occurred in California and what Ron should expect to happen. This report will address the rules regarding the process to be followed, which are typically referred to as (1) (abstracts of judgment), and the later section of this memorandum will address the (2) which deal with the respective rights and obligations of the parties. The legal system we have in the United States is (3) (common law system) borrowed in part from England. Our system differs from other legal systems such as those countries that follow the French System which is known as a (4) (civil law).

The first question that comes to mind is whether Ron can be sued and forced to defend himself in New York? Obviously, Ron lives and is located in California, and the injury occurred in California. Hence, the first question is whether New York has (5), and that will be determined by what rules its legislature has made and whether New York enacted a (6). If New York has, then Ron may be sued in the state court of New York and be forced to defend himself; provided the person suing, which is an issue addressed later, can establish that Ron has sufficient (7) with New York because he once played football for a New York NFL football team or whether the court believes through his Wing Shop restaurants he has availed himself of (8) of doing business in New York because he is also a part owner of a Wing Shop in New York.

If he is sued in New York, he will need to be concerned about whether a New York State Court would be unduly sympathetic to a citizen of their state. For that reason, he should determine whether he can have a Federal Court hear the claim based upon the fact that he is a citizen of another state and (9) exists. If both New York and the Federal Court located in New York have the legal authority or power to hear this case, then (10) is said to exist. Another factor influencing what is the proper court in which to adjudicate this case is that the Federal Government has enacted a comprehensive statutory scheme covering food safety. It may be that after closely reviewing this new legislation the matter can only be heard in the Federal Court because it comprehensively legislated in this area, and (11) exists with the Federal Court.

Another question is who will actually be the person filing the lawsuit. This person is referred to as a (12). Will it be the injured child or his parents? Typically, the parents, as guardians, will sue on behalf of the child. Since Ron is being sued, he will be the (13). Regardless of the technical issue of who is the proper person to sue, this is a relatively sympathetic case and Ron may have considerable exposure due to sympathy considerations although he may have no legal culpability. Therefore, before proceeding to litigation, he should consider whether any type of (14) procedures are available. If so, Ron should try (15), because this will afford him the opportunity to see if the matter can be settled with the help of a (16) without having an adverse determination on the merits of the claim or lawsuit. Alternatively, if he wants to hear the dispute to a final determination outside of the court system, we may want to consider (17). This can either be (18), where the case is heard and decided by the arbitrator and the decision, called an (19), is a final decision enforceable by the court. On the other hand, Ron might want to choose (20), whereby if either side is unhappy with the resolution they can still seek to have the case heard in court. There are two major service providers who can provide these services. I have checked and the (21) which is the service provider that has a longer history than the other next mentioned has offices in New York. However, we might want to hire a retired judge from (22).

If Ron cannot keep this matter out of the court system, at some point a lawsuit will be filed. A lawsuit will be initiated by the filing of a (23). After it is filed, Ron will have to be given formal notice of that occurrence, which is typically referred to as (24). When that happens, Ron will also receive a copy of another document that notifies him of his obligation to respond, which is typically referred to as a (25). If the court documents are delivered directly to Ron, then he receives formal notice of the legal proceedings through (26). Yet, if Ron is not at home when the delivery of these documents occurs through the effort of a paid (27), the documents can be given to his wife or anyone else over 18 years of age and once done (28), rather than (29) occurs if copies of the documents left at his home are mailed to Ron thereafter.