Monday, February 20, 2017

For Wednesday--Section A

Monday audio.

Remember for this week: No class on Friday. Essay IV posted Wednesday, due next Monday. Essay V posted Friday, due next Wednesday.

We continue with Discovery, so be sure to read Discovery Process and Enforcing and Avoiding Discovery Obligations. Think about how the exchange of discovery requests work. Think about how the different discovery devices operate and some logical order in which you might might employ different devices. How do the parties get the court into a dispute and what are the different motions that can be filed.

Be prepared to argue both sides and all issues with respect to the following.


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.