Difference between revisions of "Complaint"

Revision as of 13:08, July 22, 2010

Dated: ________

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-A '''complaint''' is a legal document filed with a court in order to initiate a [[lawsuit]].
-Here is a draft Complaint concerning the exclusion of homeschoolers from public school sports in [[New Jersey]].  This is a work-in-progress:
-UNITED STATES DISTRICT COURT
-FOR THE DISTRICT OF NEW JERSEY
-______, as Parents of student _______________,
-                  Plaintiff,
-                  v.
-New Jersey State Interscholastic Athletic Association,
-                  Defendant.
-	Civil Action No.
-Filed: __________
-COMPLAINT FOR EQUITABLE
-RELIEF FOR VIOLATION
-OF 15 U.S.C § 1,
-SHERMAN ANTITRUST ACT
-COMPLAINT
-Plaintiff ______________ brings this civil action to obtain equitable and other relief against the defendant New Jersey State Interscholastic Athletic Association ("NJSIAA"), and complains as follows:
-I.
-JURISDICTION AND VENUE
-. This Court has subject matter jurisdiction under Section 4 of the Sherman Act (15 U.S.C. § 4) to prevent and restrain violations by the NJSIAA of Section 1 of the Sherman Act (15 U.S.C. § 1).
-. The NJSIAA transacts business and is found within the District of New Jersey.
-II.
-DEFENDANT AND CONSPIRATORS
-. The NJSIAA is a trade organization of high schools that does business in New Jersey by regulating sporting events of its member schools.
-. Whenever this Complaint refers to any act, deed, or transaction of the NJSIAA, it means that the NJSIAA engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they actively were engaged in the management, direction, control, or transaction of its business or affairs.
-. Various others, not named as defendants, have participated as conspirators with the NJSIAA in the violations alleged in this Complaint, and have performed acts and made statements to further the conspiracy.
-III.
-TRADE AND COMMERCE
-. The NJSIAA's accrediting activities and eligibility decisions involve or affect the interstate flow of, and have a substantial effect on, interstate commerce by regulating sporting events throughout New Jersey that attracts millions of spectators spending millions of dollars annually.
-. In addition, the NSJIAA's accrediting activities and eligibility decisions involve or affect the interstate flow of, and have a substantial effect on, interstate commerce by determining who can compete for lucrative college scholarships, which are worth up to $100,000 and more to each student at colleges located in all 50 states.
-. The assets of the NJSIAA, as of _______, was $______________, in reflection of the big business of high school sports in New Jersey.
-IV.
-BACKGROUND
-...
-market power.
-VI.
-EFFECTS
-. The combination and conspiracy has had the following effects, among others:
-. <describe effects>; and
-. Homeschooled athletes have been subjected to a group boycott by NJSIAA-member schools.
-VII.
-REQUESTED RELIEF
-Plaintiff requests that Defendant, its members, officers, agents, servants, employees, attorneys and all persons in active concert or participation with them, pending the final hearing and decision in this action, are enjoined from applying its By-laws, rules, regulations or interpretations in any manner so as to prevent or interfere with, or from taking any other action, directly or indirectly, to prevent or interfere with Plaintiff from playing tennis on his local public high school team.
-Plaintiff requests that Defendant, its members, officers, agents, servants, employees, attorneys and all persons in active concert or participation with them, be permanently enjoined from applying its By-laws, rules, regulations or interpretations in any manner so as to prevent or interfere with, or from taking any other action, directly or indirectly, to prevent or interfere with Plaintiff from playing tennis on his local public high school team.

Difference between revisions of "Complaint"

Revision as of 13:08, July 22, 2010

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