Fill and Sign the Complaint in Federal Courtdiversity of Citizenshipby Countiesagainst Manufacturers of Cigarettes and Trade Associationsfraud Form

IN THE UNITED STATES DISTRICT COURT FOR THE ___________________ DISTRICT OF ____________________ (State) ________________________________________ PLAINTIFF (Name of Plaintiff) V. ________________________________________ DEFENDANTS ________________________________________________________________________________ (Names of 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, ____________________________________________________ (Names of Defendants) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of _________________________________________ _________________________ (city, county, state). 2. Defendant A _______________________________________ (name of corporation), is a corporation organized and existing under the laws of _________________________________ (name of state) , engaged in the business of ___________________________________________ __________________________________________________________ (state type of business), with its principal place of business located at _________________________________________ _____________________________________________________________________________ (street address, city, county, state, zip code) . 3. Defendant B _________________________________________ (name of corporation), is a corporation organized and existing under the laws of ________________________________ (name of state) , engaged in the business of ___________________________________________ _____________________ (state type of business), with its principal place of business located at _______________________________________________________________________________________________________________________ (street address, city, county, state, zip code). 4. Defendant C is an adult resident citizen of _____________________________________ ___________________ (city, county, state) and may be served with process at ______________ ______________________________________________________________________________ (street address, city, county, state, zip code) . At all times relevant to Plaintiff’s Complaint, Defendant C was engaged in the practice of law at _____________________________________ ______________________________________________________________________________ (street address, city, county, state, zip code) . 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. (Describe the facts of your case and number each paragraph. The following is a sample) . On or about the _________________________________ (date), I was injured ____________________________________________________________________________________________________________________ (where and how). I filed claims for my medical expenses in _______________________________ (months and years) with ________________ ____________________________________________________ (name of insurance company). Said Company wrongfully refused to pay $_____________________ (dollar amount) of my claims. 7. On or about __________________________________ (date), I retained ______________________________________ (name of attorney), one of the Defendants herein, and on ____________________________________ (date), he filed suit on my behalf in the ___________________________________________________________________________ ____________________ (name and location of court) 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 ___________________________________ (name of attorney) . The substitution of _______________________________________ (name of young attorney) for ___________________________________________ (name of initial attorney) 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 ________________________________ (name) was assigned to this action. 8. At the trial of this action on __________________________________________ (dates), my attorney failed to have crucial evidence admitted, i.e., my medical records from __________ ___________________________________________________ (name of hospital or clinic). On the ________________________________________ (date), Judge _______________________ (name of Judge) ruled (state substance of ruling) ____________________________________ _____________________________________________________________________________. A notice of appeal was filed by my attorney on my behalf on ____________________________ (date) , but my appeal was denied on ____________________________________ (date). COUNT I. (Civil RICO) 9. Plaintiffs restate and incorporate the preceding paragraphs of this Complaint. (In the following paragraphs, the Plaintiff will need to add the following, if possible, in order to effectively plead the RICO part of the action): A. Describe in detail the pattern of racketeering activity alleged for each RICO claim. A description of the pattern of racketeering must the following information: 1.List the alleged predicate acts and the specific statutes which were allegedly violated; 2. Provide the dates of the predicate acts, the participants in the predicate acts, and a description of the facts surrounding the predicate acts; 3.If the RICO claim is based on the predicate offenses of wire fraud or mail fraud, the circumstances constituting fraud must be stated with particularity, e.g., or mistake shall be stated with particularity. 1 Identify the time, place, and contents of the alleged misrepresentations, and the identity of persons to whom and by whom the alleged misrepresentations were made; 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. Describe how the predicate acts form a "pattern of racketeering activity"; and,7. State whether the alleged predicate acts relate to each other as part of a common plan. If so, describe in detail. B. Describe in detail the alleged enterprise for each RICO claim. A description of each enterprise shall include the following information: 1.State the names of the individuals, partnerships, corporations, associations, or other legal entities which allegedly constitute the enterprise;2. Describe the structure, purpose, function, and course of conduct of the enterprise;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. State whether the Plaintiff is alleging that the Defendants are individuals or entities separate from the alleged enterprise, or that the Defendants are the enterprise itself, or are members of the enterprise; and, 6. If any Defendants are alleged to be either the enterprise itself or members of the enterprise, explain whether such Defendants are perpetrators, passive instruments, or victims of the alleged racketeering activity. 1 Fraud consists of five elements: 1) The making of a false statement; 2) With knowledge that the statement is false or with reckless disregard as to whether or not the statement is false or true; 3) With the intent that the listener rely on the statement; 4) With the result that the listener rel ies on the statement; 5) With the consequence that the listener is harmed. C. State whether the Plaintiff is alleging that the pattern of racketeering activity and the enterprise are separate or have merged into one entity. In either event, describe in detail. D. Describe the alleged relationship between the activities of the enterprise and the pattern of racketeering activity. Discuss how the racketeering activity differs from the usual and daily activities of the enterprise, if at all. E. Describe what benefits, if any, the alleged enterprise receives from the alleged pattern of racketeering. F. Describe the effect of the activities of the enterprise on interstate or foreign commerce. G. Describe the direct causal relationship between the alleged injury and the violation of the RICO statute. H. List the actual damages for which Defendant is allegedly liable.I. List all other federal causes of action, if any, and provide citations to the relevant statute(s).J. List all pendent state claims, if any. K. Provide any additional information that you feel would be helpful to the Court in considering your RICO claim. 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 ___________________________________ (name) had a duty to represent Plaintiff with the reasonable care, skill, and diligence possessed and exercised by the ordinary attorney in similar circumstances. 12. (Describe actions or omissions of attorney that form basis of malpractice claim, such as: Defendant failed to appear at trial and sent an inexperienced associate in his place who failed to introduce evidence crucial to Plaintiff’s case.) _______________________________ ______________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________. 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 $_____________________ (dollar amount) 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 ______________________________________________________________ (name which ones) 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 (state all facts you know at this time that supports this claim) ____________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ . Wherefore, Plaintiff respectfully requests the following relief: 1. Actual damages in the amount of ______________________ (dollar amount); 2. Punitive damages in the amount of ________________________ (dollar amount). 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 _________________________________________ (date). _________________________________________ (Name of Plaintiff) By: ______________________________________ (Name of Plaintiff’s Attorney) State Bar No. _____________________ His Attorney