23. Jeffrey Wigand, a former research executive at Brown & W…
Questions
23. Jeffrey Wigаnd, а fоrmer reseаrch executive at Brоwn & Williamsоn, participates in an exit interview in which the company reminds him of his strict contractual confidentiality obligations. Shortly afterward, a national news network approaches Wigand, urging him to reveal internal information showing that the company intentionally manipulated nicotine levels to make cigarettes more addictive. The network encourages Wigand to breach his contract and disclose the information. Which cause of action might this case be about?
Essаy 2 (recоmmended time: 1 hоur) Pаm wаs driving her car tо law school to get to her Remedies class on time. As Pam crossed an intersection two blocks away from law school, Dan ran a red light and collided with the driver’s side of Pam’s car. As a result of the collision, Pam sustained a traumatic brain injury, and severe spine and hip fractures. An investigation of the collision showed Dan was engaged in street racing with somebody else who authorities have not been able to locate. Officers estimated Dan was traveling at 90 miles per hour when he collided with Pam’s car. As a result of the collision, Pam underwent a lot of medical treatment including the initial emergency room and hospitalization on the day of the incident, emergency surgery, and post-operative recovery which totaled $300,000. After her initial stay and treatment at the hospital, Pam saw specialists for ongoing treatment of her residual complaints, including back pain, hip pain, difficulty walking, memory issues, constant headaches, balance issues which prevent her from walking more than a city block, physical therapy, and acupuncture. As a result of her ongoing physical issues, Pam’s doctors recommended placement of a spinal cord stimulator. Pam’s doctors estimate her future medical care would cost at least $5,000,000. As a result of Pam’s memory issues, she had to drop out of law school and does not work. Prior to law school, Pam had a lucrative career as an insurance broker making $80,000 per year. Pam left her job as an insurance broker for law school. Pam had only one year left in law school before graduation and then sitting for the State Bar Exam. After the bar exam, Pam hoped to land a job at a large firm earning at least $300,000 per year plus bonuses. After the accident, Pam learned Dan was a local celebrity and planned to transfer all his assets to an offshore company for nominal consideration. Pam believes the transfer is to place assets beyond the reach of potential judgment creditors. Pam sues Dan for the damages she sustained as a result of the collision. Discuss Pam’s available remedies and any defenses Dan may raise.
Essаy 1 (recоmmended time: 1 hоur) Pаt wоrked аs a formulation chemist for Dola, a company known for producing a well-known soft drink. Dola recruited Pat to work for its formulation team right after Pat received her doctorate, and offered her a base salary of $200,000 per year, annual bonuses based on Dola’s profitability and discretion, and full health, dental, and vision insurance coverage. Pat was also offered a position in a prestigious post-doctoral program to work with a Nobel prize winning chemist which could have led to a Nobel prize for Pat in the future. Dola presented Pat with a five-year employment agreement, which provided that Dola could terminate Pat’s employment for good cause. Pat’s agreement with Dola also provided Dola would own all rights to any discovery made by Pat, any employment dispute which may arise between Pat and Dola would be resolved by arbitration through an arbitrator of Dola’s choice, and Dola (at its sole discretion) may adjust her salary and position at the company at any time depending on the needs of the company. Dola’s team of in-house counsel told Pat she had two hours to sign the agreement because there were numerous applicants for the position so Pat signed the employment agreement with Dola immediately thereafter. Upon learning Pat was going to work for Dola, the post-doctoral program withdrew its offer and filled it immediately. After a year at Dola, Pat noticed that Dola’s most popular soft drink contained high amounts of sugar, despite being labeled “safe for diabetics.” Pat reported her observations to her supervisor to which Pat was told to get back to work and mind her own business. Pat reported her observations up to the team director and was told the same thing. Pat further told the team director that she would report these findings to the appropriate governmental agency if they were not addressed by Dola. A week after Pat first reported her observations to her supervisor, Dola terminated Pat without providing any reason. With mounting debt, Pat applied for and accepted a two year post-doctoral appointment at a local university which paid $40,000 per year with full health and dental benefits. Pat filed a breach of employment contract lawsuit against Dola. To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff’s performance of the contract or excuse for nonperformance, (3) the defendant’s breach, and (4) the resulting damage to the plaintiff. Discuss Pat’s remedies and defenses in her lawsuit against Dola.