NITA Publications

BMI v. Minicom Case File

BMI v. Minicom is also available in these versions by calling 1-800-533-1637:

Defendants Edition
ISBN 9781601560940
$35.00
click here

Plaintiffs Edition
ISBN 9781601560933
$35.00
click here

Faculty Edition
ISBN 9781601560957
$35.00
click here

BMI is seeking damages for a lost shipment of computer chips. BMI, the supplier, claims that the purchaser, Minicom, bore the risk of loss and is seeking to recover for breach of contract. Minicom claims that BMI's failure to insure the shipment breached the contract causing the loss of past and future profits. This well-balanced file provides ample material for basic and advanced advocacy training with three witnesses for both plaintiff and defendant, including one economics expert for each side.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.

• >> TABLE OF CONTENTS
  CONTENTS
  
  INTRODUCTION
  
  SPECIAL INSTRUCTIONS FOR USE AS A FULL TRIAL
  
  STIPULATIONS AND PRETRIAL RULINGS
  
  CALENDAR
  
  COMPLAINT
  
  ANSWER AND COUNTERCLAIM
  
  REPLY TO COUNTERCLAIM AND AFFIRMATIVE DEFENSE
  
  REQUEST FOR ADMISSION
  
  RESPONSE TO REQUEST FOR ADMISSION
  
  DEPOSITION OF CHRISTOPHER KAY
  
  DEPOSITION OF VIRGINIA YOUNG
  
  DEPOSITION OF ELLIOT MILSTEIN
  
  DEPOSITION OF MICHAEL LUBELL
  
  EXPERT REPORT OF DR. SINGELL
  
  DEPOSITION OF DR. SINGELL
  
  SINGELL CV
  
  EXPERT REPORT OF DR. SELIGMAN
  
  DEPOSITION OF DR. SELIGMAN
  
  SELIGMAN CV
  
  EXHIBITS
  
  EX. 1 BMI PRICE LIST
  
  EX. 2 9/3/YR-2 MINICOM PHONE LOG--MICHAEL LUBELL
  
  EX. 3 9/3/YR-2 FAX/LETTER FROM MICHAEL LUBELL TO CHRIS KAY (3A-C)
  
  EX. 4 9/6/YR-2 WORK ORDER SENT BY E-MAIL
  
  EX. 5 9/6/YR-2 NPS SHIPPING RECORD--BMI TO MINICOM
  
  EX. 6 9/16/YR-2 LETTER FROM CHRIS KAY TO MICHAEL LUBELL
  
  EX. 7 9/16/YR-2 BMI STATEMENT OF ACCOUNT FOR MINICOM
  
  EX. 8 9/23/YR-2 LETTER FROM MICHAEL LUBELL TO CHRIS KAY
  
  EX. 9 9/23/YR-2 CHECK FROM MINICOM TO BMI FOR $491,232.60
  
  EX. 10 11/12/YR-2 PHONE LOG--ELLIOT MILSTEIN
  
  EX. 11 11/18/YR-2 BMI INVITATION TO EASTERN REGIONAL EXPOSITION OF COMPUTER PRODUCTS RECEIVED BY ELLIOT MILSTEIN
  
  EX. 12 11/18/YR-2 LETTER FROM CHRIS KAY TO ELLIOT MILSTEIN
  
  EX. 13 12/13/YR-2 PHONE LOG--ELLIOT MILSTEIN
  
  EX. 14 12/15/YR-2 E-MAIL FROM ELLIOT MILSTEIN TO MICHAEL LUBELL
  
  EX. 15 1/3/YR-1 E-MAIL FROM ELLIOT MILSTEIN TO MICHAEL LUBELL
  
  EX. 16 1/3/YR-1 E-MAIL FROM MICHAEL LUBELL TO CHRIS KAY
  
  EX. 17 1/3/YR-1 E-MAIL FROM VIRGINIA YOUNG TO MICHAEL LUBELL
  
  EX. 18 1/6/YR-1 PHONE LOG--MICHAEL LUBELL
  
  EX. 19 1/6/YR-1 E-MAIL MESSAGE FOR CHRIS KAY TAKEN BY VIRGINIA YOUNG
  
  EX. 20 1/6/YR-1 FAX/LETTER FROM MICHAEL LUBELL TO CHRIS KAY (20A-C)
  
  EX. 21 1/10/YR-1 BMI WORK ORDER SENT BY E-MAIL
  
  EX. 22 1/10/YR-1 LETTER FROM CHRIS KAY TO MICHAEL LUBELL SIGNED BY GINNY YOUNG
  
  EX. 23 1/10/YR-1 BMI STATEMENT OF ACCOUNT FOR MINICOM
  
  EX. 24 1/17/YR-1 NPS SHIPPING RECORD--BMI TO MINICOM
  
  EX. 25 1/17/YR-1 NPS SHIPPING RECORD--BMI TO MINICOM
  
  EX. 26 1/24/YR-1 NPS SHIPPING RECORD--MINICOM TO BMI
  
  EX. 27 1/24/YR-1 LETTER FROM MICHAEL LUBELL TO CHRIS KAY
  
  EX. 28 1/27/YR-1 LETTER FROM CHRIS KAY TO MICHAEL LUBELL
  
  EX. 29 2/14/YR-1 LETTER FROM CHRIS KAY TO MICHAEL LUBELL
  
  EX. 30 2/11/YR-1 NPS CHECK MADE TO BMI ENDORSED OVER TO MINICOM
  
  EX. 31 2/21/YR-1 PHONE LOG--MICHAEL LUBELL
  
  EX. 32 2/21/YR-1 E-MAIL FROM MICHAEL LUBELL TO ELLIOT MILSTEIN
  
  EX. 33 2/21/YR-1 PHONE LOG--ELLIOT MILSTEIN
  
  EX. 34 3/3/YR-1 LETTER FROM CHRIS KAY TO ELLIOT MILSTEIN
  
  EX. 35 3/7/YR-1 LETTER FROM ELLIOT MILSTEIN TO CHRIS KAY
  
  EX. 36 3/10/YR-1 PHONE LOG--MICHAEL LUBELL
  
  EX. 37 3/10/YR-1 E-MAIL FROM MICHAEL LUBELL TO BRENT TAYLOR, EXROX (PHOTOCOPY)
  
  EX. 38 3/14/YR-1 LETTER FROM BRENT TAYLOR TO MICHAEL LUBELL
  
  EX. 39 3/14/YR-1 EXROX STATEMENT OF ACCOUNT FOR MINICOM
  
  EX. 40 6/13/YR-1 EXROX STATEMENT OF ACCOUNT FOR MINICOM PAST DUE PLUS INTEREST
  
  EX. 41 6/20/YR-1 LETTER FROM MICHAEL LUBELL TO BRENT TAYLOR, EXROX (PHOTOCOPY)
  
  EX. 42 6/20/YR-1 CHECK FROM MINICOM TO EXROX FOR $555,640.60
  
  NITA JURY INSTRUCTIONS
  
  PROPOSED JURY INSTRUCTIONS SPECIFIC TO THIS CASE
  
  VERDICT FORMS
  
  October 22, 2010

• >> AUTHORS
  
  
  • Donald H. Beskind
    
    
    • Donald H. Beskind is Professor of the Practice of Law at Duke University School of Law where he directs and teaches in its Trial Practice program and teaches Evidence and Torts. After practicing law in Colorado for several years, Mr. Beskind was, in succession at Duke Law School, a John S. Bradway Fellow, an assistant professor, and an associate professor and the director of the Clinical Legal Studies Program. Mr. Beskind returned to full time private practice from 1980 to 2010 specializing in plaintiff's tort litigation, and was been listed among the "Best Lawyers in America" in various publications since 1993. He continues to practice on a limited basis. Mr. Beskind was a long time program director for the National Institute of Trial Advocacy. He is co-author of BMI v. Minicom, Inc.; State v. Burns; Problems in Trial Advocacy; Effective Use of Courtroom Technology: A Lawyer's Guide to Pretrial and Trial; Developing Deposition Skills and North Carolina Evidentiary Foundations. He has published articles and spoken on evidentiary and trial skills topics and runs trial training programs in the U.S. and Great Britain.

  
  

  • Anthony J. Bocchino
    
    
    • Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.
      
      Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.
      
      In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.
      
      Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.
      
      Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.