Introduction or Preliminary Statement
(ONLY if, indeed, necessary)
causes of action: (1) sex discrimination (M.G.L. c. 151B), (2) aiding
abetting of sex discrimination (M.G.L. c. 151B), (3) sex discrimination
(Title VII), (4) aiding and abetting of sex discrimination (Title VII),
(5) retaliatory termination against public policy (cooperating with
investigations), (6) . . . , (7) . . . , and (10) Reserved for cause of
action which may become appropriate. See ANOTHER NOTE below.
out of Plaintiff's
having been a victim of ongoing sex discrimination, having cooperated
a United States Department of Labor [hereinafter "DOL"] investigation
company-wide sex discrimination and with an OSHA investigation, having
been retaliated as a result of her cooperation with the DOL
and ultimately having been discharged from her employment Staff
Manager/Toxicologist/Health and Safety Officer. As a result of
conduct, Jane Doe suffered and was damaged in divers ways, including
not limited to, physical and emotional deterioration.
This is an
is seeking recovery for services rendered in reliance on the decedent's
oral promise to take care of him for the rest of his life.
care of uncle after stroke for the last five years of the uncle's
Or former girl friend takes care of terminally-ill former lover for the
rest of his.]
John Doe of
and John Smith
of Massachusetts in their capacities as individuals and on behalf of
similarly situated persons hereby assert the following claims against
defendants in the above-entitled action:
(1) NEGLIGENCE, (2)
INTERFERENCE WITH PARENTAL RIGHTS,
OF 42 U.S.C. 1983 (AGAINST DOE), (4)VIOLATION
OF 42 U.S.C. 1983 (AGAINST SMITH),
AND STATE (M.G.L. c. 12, sec. 11I) CIVIL RIGHTS (AGAINST DOE),
FEDERAL AND STATE (M.G.L. c. 12, sec. 11I) CIVIL RIGHTS (AGAINST
(7) DEFAMATION,(8) CIVIL
BREACH OF CONTRACT, (10) NEGLIGENT
INFLICTION OF EMOTIONAL DISTRESS, (11) INTENTIONAL
INFLICTION OF EMOTIONAL DISTRESS, (12) VIOLATION
OF G.L. c.
Jurisdiction (ONLY in federal court)
Causes of Action (traditional name for "claims").
Label them Count 1, Count 2, etc.
out the common-law counts,
WHEREFORE clauses -- the damages.
for instance, breach of contract,
negligence, breach of fiduciary duty, etc.
i. Write a sentence for each
the cause of action: for instance,
negligence has four elements,
Be sure to write
one sentence or so in one
paragraph for each element.
Be sure to learn
the elements of cause of
action you think you want to put in your
Elements of the
cause of action
(the claim) of intentional infliction of emotional distress,
quoted from Agis v.
Johnson Co., 371 Mass. 140 (1976), the seminal case in
for this tort:
Then lay out the counts in which you're
that the defendant intended to inflict emotional distress, or knew or
have known that emotional distress was the likely result of his
. . .
that the defendant's conduct was extreme and outrageous, beyond all
bounds of decency, and utterly intolerable in a civilized
[that] the actions of the defendant were the cause of the plaintiff's
[that] the emotional distress suffered by the plaintiff was severe and
of such a nature that no reasonable person could be expected to endure
. . . "mere
threats, annoyances, petty oppressions or other trivialities" is not
enough for liability.
It is also
not enough "that the
defendant has acted with an intent which is tortious or even criminal,
or that he has intended to inflict emotional distress, or even that his
conduct has been characterized by `malice,' or a degree of aggravation
which would entitle the plaintiff to punitive damages for another tort."
going to be suing on statutes.
Be sure to put
only one statute in one
Then list the violations of
Put these at the end of EACH cause of action,
since the damages one can get varies from count
to count, statute to statute.
Case citations DO
NOT NOT NOT
belong in a
If you find an important case and you want to be sure not to forget it
or lose it, put it in a footnote to a fact which that case supports.
Some judges tend
to make Solomonic
decisions: they want to give something to each side of the "v."
Therefore, plan on
one or even two or three counts at the end which are "throwaways,"
causes of action for which there is not much hope.
You see this often
in a summary-judgment
as to Counts I through IV.
Motion ALLOWED as to Counts V through