Monday, February 27, 2017

For Wednesday--Section A

Monday audio. Remember that we will do a double session (12:10-1:20) on Friday. Essay V due on Wednesday.

We continue with Discovery and the question that stumped everyone: If Tracy Morgan refuses to submit to a court-ordered physical exam (the only way for Wal Mart to rebut evidence from Morgan's doctor and medical records), he can be sanctioned in a number of ways, including having his complaint dismissed. But he cannot be held in contempt. Given the privacy concerns, why is that?

We then go back to the Bottler v. Coca Cola hypo, same sides. Work through the problem through each step of the dispute from where we left off--Bottler has served discovery requests, seeking production or inspection of the formula. What happens next and after that?

We then move to Summary Judgment: Standards and Procedures. For Adickes, read only the Intro and Part I of Justice Harlan's opinion. For Scott, be sure to watch the video, available from the Supreme Court web site (the link is on the blog). Break out the elements of FRCP 56, in connection with Celotex and Scott (note that the text, division, and numbering of FRCP 56 has changed since both cases, but the general principles remain the same).