memorandum

memorandum

Herbert, Wolf & Stubbs
Attorney at Law
700 Columbia Center
Richland, Columbia



To: Michael Allen Wolf
From: Konstantin David Gurovich
Re: Requests for Judicial or Administrative Action


Memorandum

Facts: Diver who is a resident of the state of Columbia is injured in the Cayman Islands from deep see diving.   So far the facts don’t show any negligence on the part of the Sea Quest Ltd., the company which is domiciled in Cayman Islands. The only negligence they are being charged with is not getting their passenger to a hospital as soon as possible but rather waiting it out and then putting him on the other boat to be transported to the hospital. Scuba Tours International is a company used by Sea Quest who advertises for them and a few other companies. STI is domiciled in Indiana, which was also the company the plaintiff’s tour was booked through.



Discussion:

1.) Before deciding whether this case can be dismissed we will have to know more facts and answer some of these questions that will have to be answered before proceeding with this case:

A.) In deciding our motion to dismiss the case in District Court of Columbia based upon lack of personal jurisdiction over Sea Quest the court must consider a certain factors?
1.) In order to have personal jurisdiction over Sea Quest Ltd. the court will look at whether Sea Quest established or had any sort of minimum contacts with the state of Columbia.

a. We will have to obtain facts of what kind of advertising did the Defendant do in the forum state of Columbia if any?
b. The court will need to look at how if at all did Sea Quest purposefully availed themselves in the State of Columbia. The court will also focus on the defendants conduct with the forum state and determine whether the defendant availed themselves by using privilege ad benefits of the State of Columbia.
i. The facts that will support the defendant in proving that they did not purposefully avail themselves will be shown...