I am continuing my work on the Motion for Summary Judgment I have been assigned. I can see that the plaintiff really has a case, but not against our defendant. The company we represent is a job searching company, who pairs people up with employment positions. They have no jurisdiction over what that employer does, because the employer doesn't work for them. So they are not liable for the damages. Everything that occurred that hurt the client in some way resulted from the situation within the customer's employment, and not the job searching company, so that eliminates causation. The job searching company did everything in it's power to help the plaintiff find suitable employment, which is all it is supposed to do, even after the plaintiff filed suit against them, so there cannot be any damages from this company. The plaintiff has no case.
It's amazing that when you strip away everything, that's the argument in a nutshell. This is always what I have learned is best for a legal argument. Make the argument as simplified as possible while addressing all of the elements, then add to it the details of the case, like situational background and examples and the applicable statutes. All of this becomes support for the argument in the submitted final document.
Wednesday, January 6, 2010
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