Yount v. Molitor: Defendant's Materials
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For Fred Yount, the chance to become financial high-roller Hal Molitor's protege was a dream come true. By working hard in Hal's business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had-and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal's "investment" operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred's business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred's severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement. In this novel case of finance and flirtation, students will discover that there's nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit.
Yount v. Molitor tests the student's advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online "microsites." The plaintiff and defendant versions of this case file are self-contained and can be used independently of one another to teach deposition skills.
A CD with exhibits is included with the case file.
Yount v. Molitor is also available in these versions by calling 1-800-533-1637:
Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.
Table of Contents
Confidential Materials for the Defendant's Law Firm (Molitor's Counsel)
Deposition of Harold Molitor, July 31, YR-1
Deposition of Melissa Still, July 30, YR-1
Summary of Notes from the Defendant's Expert Interview-Jamie R. Connors
Materials Available to All Counsel
Expert Report of Dr. Sam F. Singley
Dr. Singley CV
Expert Report of Dr. Jamie R. Connors
Dr. Connors CV
Exhibit 1 - Original Severance Agreement
Exhibit 2 - Screenshot of Harold Molitor's Facebook Page, October 2, YR-4
Exhibit 3 - Email from Harold Molitor to Susan Durham, September 30, YR-4
Exhibit 4 - Unsigned Amended Severance Agreement, with List of Stock
Exhibit 5 - Yount's Camera Phone Photo of Signed Agreement, Undated
Exhibit 6 - Text Message from Stephen Yount to Susan Durham, October 6, YR-4
Exhibit 7 - Susan Durham's Camera Phone Photo of Signed Amendment to Severance Agreement, October 7, YR-4
Exhibit 8 - Restricted-Stock Certificate, TelexGlobal
Exhibit 9 - Stock Certificate-Standard TECH
Exhibit 10 - Molitor Management Fund Balance Sheet, December YR-4
Exhibit 11 - Molitor Management Fund Newsletter
Jury Instructions and Verdict Forms
Final Jury Instructions
Proposed Jury Instructions Specific to the Case