INITIAL CLIENT INTERVIEW

INITIAL CLIENT INTERVIEW: Over the past two dance seasons, Abby has yelled, insulted and threatened Nia Custom Essay

( no crazy legal words) NO MORE THAN ONE SENTENCE FOR EACH “PARAGRAPH” For example… the first section after the caption is going to be Jurisdictional Allegation….. (THIS GOES FROM #1-7) For each number I need NO more than one sentence (“paragraph”) same goes for the rest of it (NOT THE SAME # BUT THE JUST ONE SENTENCE FOR EACH NUMBER)!!!!!!

 

1) INITIAL CLIENT INTERVIEW

 

Mrs. Holly Frazier

My daughter, Nia, takes dance at a studio, located in Charlotte, which is owned by Abby Lee Miller. Over the past two dance seasons, Abby has yelled, insulted and threatened Nia. She has even made Nia perform in two dances that had blatant racial stereotypes. Nia is the only African-American girl in the dance company and she once performed a dance solo where she wore a catsuit and afro wig to the song “My Name is LaQueefa.” None of the other 8 girls on the competition team have had to perform such clearly disrespectful and stereotypical solos.

I have a full time job as a middle school principal, and sometimes I can’t attend the competitions that Nia and the rest of the competition team go to almost every weekend. When I have to work and am unable to attend, Abby has questioned my parenting, both directly to me and in front of Nia.

Abby knows that she’s being entirely inappropriate and mean to these little girls and it’s clear that these little girls are being deeply hurt and affected by Abby’s actions. Nia has come home crying on multiple occasions. I have also been affected by Abby’s comments to both me and Nia. I am very upset about her hateful and outrageous conduct and hope that we can do something to stop her conduct and also to recover money I’ve paid to her and to Nia’s therapist.

 

Timeline:

08/01/2008 – Nia began taking lessons from Abby Lee Miller.

08/01/2012 through 6/1/2013 – Nia’s first season as part of the main competition team. Almost immediately after Nia’s joining the competition team did Abby’s insults and hateful comments begin.

01/01/2013 – Nia enters therapy – once a week.

08/01/2013 through present – Nia’s second season as part of the main competition dance team.

09/01/2013 – Nia’s therapist recommends twice per week appointments.

 

Other information:

The main competition team contains 9 total girls, ranging in age from 6 – 14. Nia is 10.

Abby conducts all of Nia’s classes and rehearsals. Abby also accompanies the girls on competition trips.

The Dance Moms are very involved. They are able to view classes and rehearsals from an observation area located at the top of the studio. The Dance Moms also travel with the girls to all competitions, working on costumes and hair for the competitions.

Dancers and their moms attend weekly meetings with the dancers, where Abby unveils the pyramid for the week. The pyramid ranks the dancers, generally in three tiers, with once dancer at the top of the pyramid. Nia has never made it past the middle row of the pyramid.

Holly has thought about removing Nia from Abby Lee Dance Company, although she has not done so. Nia loves to dance and loves the other girls on her competition team. Holly feels that, with the help of the therapist, no long-term damage has been done to Nia. However, the therapist feels that if Abby’s harmful actions are allowed to continue, Nia could suffer severe social and emotional distress.

Holly signs a contract with ALDC at the beginning of every season, committing Nia to all the competitions that her competition team attends.

Holly brought this season’s contract to the client interview. Holly received this contract one week prior to Nia’s first dance rehearsal for the season. Holly edited the contract herself, both adding and removing language. Holly returned the revised contract to Abby the day before the first rehearsal. Abby briefly looked at the contract, stated “Whatever,” and took (and later deposited) Holly’s check for the first month. Abby and Holly have not discussed the contract since that day.

Holly currently pays the therapist $100 per hour session. Nia currently attends therapy twice a week.

If needed, Holly can get support from the other Dance Moms, most of whom have received similar treatment from Abby directed to both themselves and their daughters. (But you are only concerned with Holly’s claims at this time.)

 

2) ALDC CONTRACT

 

3) RESEARCH FOR HOLLY FRAZIER

 

Your supervising attorney has identified three possible causes of actions for Mrs. Frazier to assert (some where she will be the plaintiff, others where the plaintiff will be her as Guardian on behalf of her daughter).

Intentional Infliction of Emotional Distress (IIED)

Elements:

  1. Extreme and outrageous conduct
  2. Intended to cause and
  3. Does in fact cause
  4. Severe emotional distress to another

After reading through cases, you learn that the conduct must be continued conduct, it cannot have only occurred once. The intent element of IIED can be proven if a defendant’s actions indicate a reckless indifference to the likelihood that the actions will cause severe emotional distress. If there is no intent, the defendant can still be liable for foreseeable injuries that result from their conduct.

A defendant’s conduct must be extreme and outrageous. The cases have concluded that this means that the conduct exceeds all bounds usually tolerated by a decent society. A defendant will not be liable for mere insults, indignities or threats.

Negligent Infliction of Emotional Distress (NIED)

Elements:

  1. Defendant negligently engaged in conduct
  2. It was reasonably foreseeable that such conduct would cause the plaintiff’s severe emotional distress
  3. The defendant’s conduct did in fact cause the severe emotional distress

Courts have found that NIED applies where there is emotional distress that arises out of a concern for another’s welfare.

Breach of Contract

Elements:

  1. Existence of a valid contract

Offer

Acceptance

Consideration (something given by one party to the other)

  1. Plaintiff performed their obligations under the contract
  2. Defendant breached (broke) the contract
  3. Plaintiff suffered damages as a result of the breach

 

4) CORPORATION FILING

 

5) GRADING RUBRIC

 

Section Points

Caption Includes all necessary court information; identifies proper parties; identifies type of document

-0 Missing minimal court and document identification information; OR minor errors identifying proper parties

-2 Missing major court and document identification information OR major errors identifying proper parties

-5 Missing major court and document identification information AND major errors identifying proper parties

-8 __________

out of 10

Jurisdictional Allegations Includes all necessary paragraphs

-0 Missing or incorrect information in 1-2 paragraphs

-2/paragraph Missing or incorrect information in 3-4 paragraphs

-2/paragraph Missing or incorrect information in 5-7 paragraphs

-2/paragraph __________

out of 15

Factual Allegations Includes sufficient facts to prove all claims; proper attachment of contract as Exhibit A

-0 Includes most facts necessary to prove all claims and/or does not attach contract as Exhibit A

-5 Includes some facts and/or does not attach contract as Exhibit A

-10 Does not include sufficient facts; does not attach contract as Exhibit A

-18 __________

out of 20

Statement of Claims Includes all elements of all three claims

-0 Includes most elements of all three claims

-7 Includes some elements of most claims

-15 Does not include elements /claims

-25 __________

out of 30

Prayer for Relief Includes all necessary paragraphs

-0 Missing 1-2 paragraphs

-2/paragraph Missing 3-4 paragraphs

-2/paragraph Missing 5-7 paragraphs

-2/paragraph __________

out of 15

 

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