Complaint Drafting

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Submitted By mdevore23
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Memorandum
Re: Complaint Drafting Exercise Individual Short Memo

General Information Regarding Group Dynamic
The complaint drafting assignment was a very interesting and valuable practical exercise for a number of reasons. I particularly enjoyed the opportunity to apply what we’ve learned thus far in the same manner as a practicing attorney. Working within a group also afforded each of us the opportunity to draw on each other’s strengths throughout the process. Although we discussed the elements of each claim at length, we did not disagree on whether to include or omit any of the suggested claims listed in the assignment.
Subject Matter Jurisdiction - Federal Question
We examined the issues of jurisdiction first. Count 1 of the complaint arises under the Indian Arts and Crafts Act of 1990. 25 U.S.C. §305(e). Count II of the complaint pertains to Federal Trademark dilution pursuant to 15 U.S.C. §1125(c). Both of the allegations arise under federal substantive law. Therefore, we determined that the court may exercise jurisdiction under 28 U.S.C. §1331. Additionally, we carefully crafted the wording of the complaint to comport with the well-pleaded complaint rule. Mottley.
Subject Matter Jurisdiction - Diversity
We also determined that the court would be able to exercise subject matter jurisdiction based on diversity under 28 U.S.C. §1332. Plaintiff Big Crow is a resident and citizen of South Dakota. The corporate defendant, Brewing Company, is incorporated in the state of New York and also has its principal place of business in the state of New York. Based on these findings, there is complete diversity of citizenship between the two parties. Additionally, the amount in controversy exceeds $75,000. Thus, the court may exercise subject matter jurisdiction based on diversity pursuant to 28 U.S.C. §1332.
Supplemental Jurisdiction
We then turned our…...

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