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Vending Operator v. Department of Transportation

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.
Publisher: NITA
Case File :Third Edition, Perfect Bound
3rd Edition
$38.00
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In Stock
ISBN: 9781556813689
Publisher: NITA
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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.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com .

Featured Authors

Table of Contents

Problems

Table of Contents

Introduction

Basic Direct, Cross, and Redirect Examination

1. Tracy August
2. L.T. Bard
3. Barnes Silver
4. Chris Della Valle

Exhibits and Foundations
5. Map of Nita
6. Nita Distances
7. Industry Statistics
8. Learned Treatise
9. Site Plan
10. Site Plan
11. Photograph
12. Photograph
13. Contract
14. Request For Proposal
15. Incident Reports by Defendant
       Wormsloe, June 23, YR-4
       Inverness, June 28, YR-4
       Rampian, July 6, YR-4

16. Incident Reports by Plaintiff
       Cantonville, April 18, YR-4
       Milton Junction, May 6, YR-4
       Rampian, November 1, YR-4
       Lakeland, November 20, YR-4

17. Memorandum from Department of Revenue
18. Memorandum from August to Silver
19. Letter from August to Bard
20. Letter from Bard to August
21. Memorandum from Della Valle to Bard
22. Summary of Damages (Ryan Black)
23. Summary of Damages (Dana Green)
24. Copy of Letter from Tracy August to Morris Steveland
25. Letter from L.T. Bard to Tracy August of June 8, YR-4
26. Conversation Between Della Valle and Silver
27. Conversation Between Bard and Della Valle

Demonstrative Evidence
28. Map of Nita
29. Site Plans

Impeachment and Refutation
30. Barnes Silver
31. Chris Della Valle
32. Tracy August
33. L.T. Bard
34. Barnes Silver
35. Chris Della Valle

Expert Examination
36. J.V. Mallow
37. Jan Kovac P-25
38. J.V. Mallow (Learned Treatise)
39. Jan Kovac (Learned Treatise)
40. Ryan Black
41. Dana Green

Advanced Expert Examination
42. Ryan Black
43. Dana Green

Advanced Direct and Cross Examination
44. Tracy August
45. L.T. Bard
46. Tracy August
47. L.T. Bard

Opening Statements and Closing Arguments
48. Opening Statements (Liability)
49. Opening Statements (Damages)
50. Closing Arguments (Liability)
51. Closing Arguments (Credibility)
52. Closing Arguments (Damages)

CASE FILE

Table of Contents

INTRODUCTION

SPECIAL INSTRUCTIONS FOR USE AS A FULL TRIAL

PRETRIAL RULINGS AND STIPULATIONS

PART I — LIABILITY

PLEADINGS AND ATTACHMENTS

Complaint
Answer
Proposal and Contract
Request for Proposal

DEPOSITIONS
Tracy August
L.T. Bard
Chris Della Valle
Barnes Silver
Dr. J. V. Mallow (and Curriculum Vitae)
Dr. Jan Kovac (and Curriculum Vitae)
"Measurement of Social-Psychological Phenomena" by Dr. Iris Shiraishi

CORRESPONDENCE AND MEMORANDUMS
Letter from Morris Steveland to Tracy August, May 22, YR-4
Letter from Tracy August to Morris Steveland, June 1, YR-4
Letter from L.T. Bard to Tracy August, June 8, YR-4
Letter from Tracy August to Kyle Morrison, June 11, YR-4
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 Kyle Morrison to Tracy August, July 7, YR-4
Memorandum from Department of Revenue to Department of Transportation, November 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 Tracy August to Kyle Morrison, February 4, YR-3
Letter from Kyle Morrison to Tracy August, February 27, YR-3
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 Chris Della Valle to Barnes Silver, April 18, YR-3
Memorandum from Chris Della Valle to L.T. Bard, April 18, YR-3
Memo from Morris Steveland to L.T. Bard, May 17, YR-3
Campaign Leaflet
Letter from L.T. Bard to Morris Steveland, June 1, YR-3
Letter from L.T. Bard to Tracy August, June 30, YR-3
Letter from J.V. Mallow to Nathan Isaacs, June 26, YR-1
Letter from Jan Kovac to Sarah Lipton, July 18, YR-1
Memorandum from Jan Kovac to Sarah Lipton, July 18, YR-1

INFORMATION ON VENDING STATIONS
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

PART II — DAMAGES

PLAINTIFF'S DAMAGE STUDY

Letter from Ryan Black to Nathan Isaacs, August 8, YR-1
Table 1: Plaintiff's Summary of Damages
Table 2: Plaintiff's Damage Model
Major Underlying Assumptions Supporting Plaintiff's Damage Claim
Letter from Ryan Black to Nathan Isaacs, October 31, YR-1

DEFENDANT'S DAMAGE STUDY
Letter from Dana Green to Sarah Lipton, October 16, YR-1
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
Defense Counter assumptions and Support

STIPULATED FACTS
Stipulated Facts Regarding Operation of Plaintiff's Test Sites in YR-4 and YR-3
Stipulated Summary of Financial Data for Test Sites
Stipulated Facts Regarding Plaintiff's New Jersey and Massachusetts Projects
Stipulated YR-1 Financial Data for New Jersey and Massachusetts Projects
Stipulated Facts Regarding the State of Nita
Stipulated Summary of Industry Statistics: YR-2

GRAPHS
Projected Revenue per Vehicle Mile
Revenue per Station Doesn't Fall as Number of Stations Grow
Average Revenue per Station YR-2
Projected Nita Cost of Goods Sold, Weighted Average of New Jersey and Massachusetts Projects
Projected Nita Variable Selling and Operating Expenses
Difference in Approaches
Plaintiff's High Damages Due to Three Assumptions (pie chart)
Plaintiff's High Damages Due to Three Assumptions (bar graph)
Defendant's Projected COGS Lie
COGS Fall Gradually as Sales Rise
Plaintiff's Projected COGS Lie
Variable Expenses (%) Will Decline

JURY INSTRUCTIONS AND VERDICT FORMS
Proposed Jury Instructions: Liability
Additional Jury Instructions: Damages
Special Verdict Form #1: Liability
Special Verdict Form #2: Liability and Damages
Special Verdict Form #3: Damages