Class 9 - 1-16-07 - Question #4

Paul works for the Dade Hotel in Miami, Florida. He is a member of a single person's dating service. He occasionally shares information about the dating service with hotel guests. Paul does not get along with his boss, whose name is Bob. Bob never gets any dating information from Paul. Bob terminates Paul's employment, on the basis that Paul is supposedly running a prostitution service at the hotel.

Paul moves to San Diego, California, where he now lives and works. He hires a lawyer, who brings a law suit in Miami. The relevant portion of Paul's complaint is as follows:

[Lawyer's address, etc.]

UNITED STATES FEDERAL DISTRICT COURT

SOUTHERN DISTRICT (MIAMI, FLORIDA)

PAUL PLAINTIFF )

..............................)

.........................................................................................................Civ. No. 654321-JMK

.............................................................................................COMPLAINT for FRAUD and .........................................................................WRONGFUL TERMINATION

...............................)

v. DADE HOTEL ....)

1. Paul Plaintiff, hereinafter "P," is domiciled in California. P brings this diversity action, based on 28 U.S.C. § 1332, against the Defendant, Dade Hotel, a Florida hotel doing business only in the Southern District of Florida.

2. Bob fraudulently fired P without just cause. Bob, rather than using his own resources, continuously attempted to obtain dating service information from P. Bob was incapable of obtaining his own dates, and constantly in need of P's assistance in dealing with women. P will now proceed with this case on behalf of himself, and all others similarly situated, against the Dade Hotel.

3. Wherefore, P seeks general and special damages for himself in the amount of $78,000.00, and such further relief which P may prove at the time of trial.

Your client is the Dade Hotel. On what grounds could you reasonably attack Paul's complaint? (Mini-issue: Could you recover your defense costs and fees from Paul's lawyer?)