• Vending Operator v. Department of Transportation Faculty Version
 
 
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Vending Operator v. Department of Transportation Faculty Version

Vending Operator v. Department of Transportation Faculty Version

NITA's transportation department claims that Vending Operator materially breached a contract to build and maintain vending stations along state highways.


Availability: Inventory not created
Publisher :NITA
Format: One Volume, Perfect Bound , Case File

ISBN: 9781556813726

1993
 
$28.00
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    NITA's transportation department claims that Vending Operator materially breached a contract to build and maintain vending stations along state highways. This trial case file is suited to train students to try both the liability and damages phases of civil actions. Impeachment issues give students the opportunity to practice examination skills. There are three witnesses for both the plaintiff and the defendant including expert social science and psychology witnesses.

    Table of Contents

    INTRODUCTORY MATERIALS -- Available to All Counsel

    Introduction
    Complaint
    Answer and Affirmative Defense
    Proposal and Contract
    Request for Proposal (RFP)

    CONFIDENTIAL INFORMATION FOR THE ADVOCATES LAW FIRM (A's)

    Statement of Tracy August
    Statement of Ryan Black

    CONFIDENTIAL INFORMATION FOR THE BARRISTERS LAW FIRM (B's)

    Statement of L.T. Bard
    Statement of Dana Green

    DISCOVERY MATERIALS -- Available to All Counsel

    Depositions

    Deposition of Chris Della Valle
    Deposition of Barnes Silver

    Memoranda and Correspondence

    Memorandum from Department of Revenue to Department of Transportation
    Letter from L.T. Bard to Tracy August, June 8, YR-4
    Letter from L.T. Bard to Tracy August, November 10, YR-4
    Letter from Tracy August to L.T. Bard, November 19, YR-4
    Letter from L.T. Bard to Tracy August, March 11, YR-3
    Letter from Tracy August to L.T. Bard, March 17, YR-3
    Letter from L.T. Bard to Tracy August, June 30, YR-3
    Memorandum from Tracy August to Barnes Silver, June 13, YR-4
    Memorandum from Barnes Silver to Route Drivers, June 16, YR-4
    Letter from Barnes Silver to Chris Della Valle, June 16, YR-4
    Letter from Chris Della Valle to Barnes Silver, June 21, YR-4
    Letter from Chris Della Valle to Barnes Silver, April 18, YR-3
    Memorandum from Chris Della Valle to L.T. Bard, April 18, YR-3
    Memorandum from Chris Della Valle to L.T. Bard, Apri118, YR-3

    Information on Vending Sites

    Sample comment card
    Map of vending station locations
    Vending station distances from Nita City
    Locations of test site operations
    Palos Corners site plan
    Devil's Gulch site plan
    Vending experiment incident reports

    Information on Plaintiff's Damage Model

    Letter from Ryan Black to Nathan Isaacs, August 8, YR-l
    Table 1: Plaintiff's Summary of Damages
    Table 2: Plaintiff's Damage Model
    Letter from Ryan Black to Nathan Isaacs, November 29, YR-l

    Information on Defendant's Damage Model

    Letter from Dana Green to Sarah Lipton, October 16, YR-l
    Schedule 1: Defendant's Summary of Damages
    Schedule 2: Defendant's Damage Model -- Detailed Profit Projections
    Schedule 3: Defendant's Damage Model -- Calculations of Plaintiff's Revenue per Thousand Vehicle Miles

    Stipulations Pertaining to Damages

    Stipulation 1 -- Facts Regarding Operation of Plaintiff's Test Sites in YR-4 and YR-3
    Stipulation 2 -- Summary of Financial Data for Nita Test Sites
    Stipulation 3 -- Facts Regarding Plaintiff's New Jersey and Massachusetts Projects
    Stipulation 4 -- YR-l Financial Data for New Jersey and Massachusetts Projects
    Stipulation 5 -- Facts Regarding the State of Nita
    Stipulation 6 -- Summary of Industry Statistics: YR-2 E-87

    Graphs

    Projected Revenue per Vehicle Mile
    Revenue per Station Doesn't Fall as Number of Stations Grow
    Average Revenue per Station
    Projected Nita Cost of Goods Sold, Weighted Average of New Jersey and Massachusetts Projects
    Projected Nita Variable Selling and Operating Expenses
    Differences in Approaches
    Plaintiff's High Damages Due to Three Assumptions (pie graph)
    Plaintiff's High Damages Due to Three Assumptions (bar chart)
    Defendant's Projected COGS Lie
    COGS Fall Gradually as Sales Rise
    Plaintiff's Projected COGS Lie
    Variable Expenses (%) Will Decline


    TEACHING NOTES

     

    Steven Lubet


    Steven Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University, where he directs the Bartlit Center on Trial Strategy. He teaches courses on legal ethics, trial advocacy, and narrative structures. A prolific author, Lubet has written more than fifteen books and over a hundred articles on legal issues such as legal and judicial ethics, litigation, legal history, international criminal law, dispute resolution and legal education. His textbook, Modern Trial Advocacy, is used by over ninety U.S. law schools and has been translated or adapted for use in six other countries. In addition to his scholarly and legal writing, Lubet's humor and opinion pieces have appeared on the op-ed pages of newspapers such as the Chicago Tribune, New York Times, San Francisco Chronicle, Baltimore Sun, Philadelphia Inquirer, Newsday, Los Angeles Times, Washington Post, Dallas Morning News, Atlanta Journal Constitution, Detroit Free Press, and many others. He writes an award-winning column for the American Lawyer Magazine, and his satirical commentaries have been heard on National Public Radio's Morning Edition. Lubet received his B.A. in history from Northwestern University (Phi Beta Kappa) in 1970 and his J.D. from the University of California at Berkeley School of Law (Boalt Hall) in 1973. Prior to joining the faculty at Northwestern in 1975, Lubet was an instructor on legal research and writing at DePaul University School of Law and a staff attorney at the Legal Assistance Foundation of Chicago.

     

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