Complaint in Federal Court for Diversity of Citizenship Against Manufacturers of Cigarettes and Trade Associations

Complaint

IN THE UNITED STATES DISTRICT COURT FOR THE ___________________ DISTRICT OF ____________________ (State)

PLAINTIFF

V.

DEFENDANTS

COMPLAINT

COMES NOW (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his attorney, and files this his Complaint against Defendants, , and in support thereof would show unto the Court the following matters and facts:

1. Plaintiff is an adult resident citizen of .

2. Defendant A , is a corporation organized and existing under the laws of , engaged in the business of , with its principal place of business located at .

3. Defendant B , is a corporation organized and existing under the laws of , engaged in the business of , with its principal place of business located at .

4. Defendant C is an adult resident citizen of and may be served with process at . At all times relevant to Plaintiff’s Complaint, Defendant C was engaged in the practice of law at .

5. The jurisdiction of this Court is invoked pursuant to 28 USC § 1331. The asserted rights and interests of the Plaintiff exceed $75,000.00, exclusive of interest and costs. The substantive claims in this action arise under the Racketeering Influenced and Corrupt Organizations Act (RICO) 18 U.S.C. § 1961–1968 and 42 U.S.C. § 1985.

6.

7. On or about , I retained , one of the Defendants herein, and on , he filed suit on my behalf in the in Civil Action No. . Said Defendant failed to represent me at the trial of this matter, and I was represented by a young and inexperienced attorney by the name of . The substitution of for was done without my knowledge or permission. The initial judge assigned to the case also stepped down for reasons unknown to me and a Judge was assigned to this action.

8. At the trial of this action on , my attorney failed to have crucial evidence admitted, i.e., my medical records from . On the , Judge ruled . A notice of appeal was filed by my attorney on my behalf on , but my appeal was denied on .

COUNT I.

(Civil RICO)

9. Plaintiffs restate and incorporate the preceding paragraphs of this Complaint.

A. Describe in detail the pattern of racketeering activity alleged for each RICO claim.

1.

2.

3.

4. State whether there has been a criminal conviction for violation of the predicate acts;

5. State whether civil litigation has resulted in a judgment in regard to the predicate acts;

6.

7.

B. Describe in detail the alleged enterprise for each RICO claim.

1.

2.

3. State whether any Defendants are employees, officers, or directors of the alleged enterprise;

4. State whether any Defendants are associated with the alleged enterprise;

5.

6.

C.

D.

E.

F.

G.

H. List the actual damages for which Defendant is allegedly liable.

I.

J.

K.

COUNT II

(Legal Malpractice)

10. Plaintiffs restate and incorporate the preceding paragraphs of this Complaint.

11. As a result of the attorney-client relationship created by the above conduct of the parties, Defendant had a duty to represent Plaintiff with the reasonable care, skill, and diligence possessed and exercised by the ordinary attorney in similar circumstances.

12. Said Defendant's conduct was a gross breach of Defendant's duty to exercise reasonable care, skill, and diligence on Plaintiff's behalf.

13. As a result of said Defendant’s gross negligence, the Court ruled against Plaintiff causing Plaintiff to lose the sum of for unpaid insurance claims, attorneys’ fees, punitive damages and court costs.

COUNT III

(Conspiracy)

14. Plaintiff restate and incorporate the preceding paragraphs of this Complaint.

15. Defendants did willfully conspire to deprive Plaintiff of his day in court and violated his civil rights in violation of 42 U.S.C.§ 1985 by .

Wherefore, Plaintiff respectfully requests the following relief:

1. Actual damages in the amount of ;

2. Punitive damages in the amount of .

3. Interest on such damages as allowed by law;

4. Costs of suit; and

5. Such other and further relief as the court deems just and proper.

Respectfully submitted on this .