Opening

Opening

May It Please the Court:

My name is___________, and I (along with my counsel, _______________) represent the Plaintiff (we) are here today to request this court to deny the Motion to Dismiss the Complaint pursuant to FRCP 12(b) (2)—lack of personal jurisdiction.

The Plaintiff requests the motion to be denied because:

1.      Purposeful Availment

The motion is too generalized to satisfy the requirement of purposeful availment. It fails to adduce any substantial evidence that the defendant actually took any intentional action to commit the alleged accusation. It is proven that the individual defendant's acquiescence to and knowledge of alleged infringement of the law of the forum state is too fortuitous, attenuated and random for a purposeful availment finding. The court, therefore, has a jurisdiction over the defendant (Pollack 1088).

2.      Claims arising out of Forum State

The plaintiff has substantial evidence that the defendant is non-resident. Besides, the defendant has knowingly established significant contact with the Forum State. Our client’s cause of action is related to the claims and also arises from such (Hoffman and Beth 14). It is upon the court to construe the claim in a light favorable to the plaintiff as all evidence presented are above speculative level.

3.      Fair play and Substantial Justice

The Plaintiff has established the required minimum contacts for a prima facie. The contacts indicate that both specific and general jurisdiction exists to deny the progress of the motion (Stravitz 745). Therefore, it is viable for the court to consider a denial option so that the traditional notions of substantial justice and fair play cannot be offended (Abramson 17). The plaintiff has categorically stated a claim for granting the relief hence the court is mandated not to dismiss the complaint of the plaintiff.

Conclusion

Therefore, we as this court deny the motion to dismiss the Complaint

Works Cited

Abramson, Leslie W. "Clarifying'Fair Play and Substantial Justice': How the Courts Apply the Supreme Court Standard for Personal Jurisdiction."Hastings Constitutional Law Quarterly 18.441 (2011): 1-28. Print.

Hoffman, Paul, and Beth Stephens. "International Human Rights Cases Under State Law and in State Courts." (2012): 1-15. Print.

Pollack, Robert M. "Not of Any Particular State: J. McIntyre Machinery, Ltd. v. Nicastro and Nonspecific Purposeful Availment." NYUL Rev. 89 (2014): 1088. Print.

Stravitz, Howard B. "Sayonara to Fair Play and Substantial Justice." SCL Rev. 63 (2011): 745