Wednesday, February 22, 2017

For Monday--Section A

Wednesday audio.

We start with Julio's question--can a party get information beyond 26(b)(1) by using a subpoena? How do parties enforce and resist discovery, how does the court become involved, and how do disputes get resolved? Consider not only the applicable rules, but also the discussion in Seattle Times. What are the consequences for ignoring discovery obligations.

Be ready to discuss all sides of this hypo:

Coca-Cola Bottler ("Bottler") has a contract with Coca-Cola Co. ("Coke") to produce and bottle "Coca-Cola." The formula for that drink is the best-kept trade secret in American business; the written formula is kept in a safe at corporate headquarters and only two people at any one time have the combination. Under the contract, Bottler purchases the syrup for Coca-Cola at an agreed-upon price, mixes it with carbonated water, then bottles and ships it. Coke begins sending Bottler syrup for Diet Coke, but charges twice the contractual price.
Bottler sues for breach of contract, alleging that Coke is obligated to charge the same contract price for the Diet Coke syrup. During discovery, Bottler wants to obtain production or inspection of the formula for Coca-Cola. 


We should finish Discovery on Monday (or at worst a bit on Wednesday), then move to Summary Judgment.