NITA Publications

Cranbrooke v. Intellex Defendants Version

An international contractual dispute arises when Intellex, a U.S. manufacturer of video games, licenses another company to distribute its newly developed line of video-game products in possible violation of its contract with Cranbrooke, a British manufacturer and distributor of leisure products that had the exclusive right to distribute Intellex's video-game products in the European Union for at least five years. Designed to be tried on liability or damages or both, this file provides the flexibility and content you've been looking for. The plaintiff and defendant each have three witnesses, including accounting experts for each side.

• >> TABLE OF CONTENTS
  CONTENTS
  
  INTRODUCTION
  
  PART I-LAY WITNESSSES/LIABILITY
  
  MATERIALS AVAILABLE TO ALL SIDES
  COMPLAINT
  AGREEMENT (INTELLEX--CRANBROOKE, ATTACHMENT A)
  AGREEMENT (INTELLEX--CONTENDO, ATTACHMENT B)
  ANSWER
  
  MATERIALS AVAILABLE ONLY TO THE DEFENDANT'S LAW FIRM (INTELLEX'S COUNSEL)
  WITNESSES STATEMENTS
  WILL/WILLA JUDSON
  KEN/KENDRA MORGANFIELD
  
  CORRESPONDENCE AND DOCUMENTS AVAILABLE TO ALL SIDES
  D-1. JANUARY 12, YR-6 INTEROFFICE MEMORANDUM FROM KEN MORGANFIELD TO WILL JUDSON
  D-2. MARCH 4, YR-6 LETTER FROM WILL JUDSON TO YVES ROSENBERG
  D-3. MARCH 17, YR-6 NOTE FROM BLAIR NICHOLS TO YVES ROSENBERG
  D-4. MARCH 19, YR-6 NOTE FROM BLAIR NICHOLS TO YVES ROSENBERG
  D-5. MARCH 22, YR-6 LETTER FROM YVES ROSENBERG TO WILL JUDSON
  D-6. APRIL 1, YR-6 LETTER FROM WILL JUDSON TO YVES ROSENBERG
  D-7. APRIL 10, YR-6 LETTER FROM YVES ROSENBERG TO WILL JUDSON
  D-8. APRIL 16, YR-6 INTEROFFICE MEMORANDUM FROM KEN MORGANFIELD TO WILL JUDSON
  D-9. APRIL 17, YR-6 INTEROHICE MEMORANDUM FROM KEN MORGANFIELD TO WILL JUDSON
  D-10. APRIL 22, YR-6 LETTER FROM WILL JUDSON TO YVES ROSENBERG
  D-11. OCTOBER 1, YR-6 MEMO FROM YVES ROSENBERG TO BLAIR NICHOLS
  D-12. NOVEMBER 4, YR-6 MEMO FROM BLAIR NICHOLS TO YVES ROSENBERG
  D-13. FEBRUARY 6, YR-5 MEMO FROM YVES ROSENBERG TO BLAIR NICHOLS
  D-14. FEBRUARY 6, YR-5 MEMO FROM YVES ROSENBERG TO BLAIR NICHOLS WITH HANDWRITTEN NOTE
  D-15. JANUARY 19, YR-4 GAMES AND TOYS WEEKLY CLIPPING
  D-16. JANUARY 22, YR-4 LETTER FROM WILL JUDSON TO GAMES AND TOYS WEEKLY EDITOR RILEY PUCKETT
  D-17. JANUARY 29, YR-4 LETTER FROM RILEY PUCKETT TO WILL JUDSON
  D-18. FEBRUARY 4, YR-4 E-MAIL MESSAGE FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-19. JULY 31, YR-4 LETTER FROM WILL JUDSON TO BLAIR NICHOLS
  D-20. AUGUST 9, YR-4 LFTTER FROM BLAIR NICHOLS TO WILL JUDSON
  D-21. JANUARY 22, YR-3 LETTER FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-22. CRANBROOKE INDUSTRIES PLC SALES PERCENTAGES AND UNIT SALES BY EUROPEAN COUNTRY
  D-23. JANUARY 26, YR-3 E-MAIL MESSAGE FROM KEN MORGANFIELD TO WILL JUDSON WITH ATTACHMENT
  D-24. JANUARY 30, YR-3 MEMO FROM BLAIR NICHOLS TO TORREY BLOCK AND ALL SENIOR STAFF
  D-25. SUMMARY OF CRANBROOKE INDUSTRIES PLC OPERATING EXPENSES
  D-26. APRIL 16, YR-3 INTEROFFICE MEMORANDUM FROM KEN MORGANFIELD TO WILL JUDSON
  D-27. MAY 1. YR-3 LETTER FROM HELMUT PLAUTER TO KEN MORGANFIELD
  D-28. PROPOSAL FROM CGAG, MAY 9, YR-3
  D-29. MAY 13, YR-3 LETTER FROM KEN MORGANFIELD TO HELMUT PLAUTER
  D-30. MAY 19, YR-3 LETTER FROM KEN MORGANFIELD TO BLAIR NICHOLS
  D-31. NATIONAL AIR EXPRESS AIRBILL
  D-32. NATIONAL AIR EXPRESS AIRBILL TRACKING RECORD
  D-33. MAY 21. YR-3 INTEROFFICE MEMORANDUM FROM TORREY BLOCK TO BLAIR NICHOLS
  D-34. MAY 24, YR-3 LETTER FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-35. JUNE 3, YR-3 LETTER FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-36. JUNE 18, YR-3 LETTER FROM KEN MORGANFIELD TO BLAIR NICHOLS
  D-37. JUNE 24, YR-3 INTEROFFICE MEMORANDUM FROM TORREY BLOCK TO BLAIR NICHOLS
  D-38. JUNE 24, YR-.3 FAX FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-39. JUNE 28, YR-3 LETTER FROM KEN MORGANFIELD TO BLAIR NICHOLS
  D-40. JUNE 30, YR-3 LETTER FROM KEN MORGANFIELD TO HELMUT PLAUTER
  D-41. JULY 1, YR-3 FAX FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-42. SEPTEMBER 10, YR-3 GAMES AND TOYS CLIPPING
  D-43. OCTOBER 14, YR-3 LETTER FROM YVES ROSENBERG TO BLAIR NICHOLS
  D-44. DECEMBER 8, YR-3 LETTER FROM PETER ORANGE TO BLAIR NICHOLS
  D-45. JANUARY 22, YR-2 LETTER FROM BLAIR NICHOLS TO YVES ROSENBERG
  D-46. AUGUST 28, YR-2 LETTER FROM KEN MORGANFIELD TO BLAIR NICHOLS
  D-47. SEPTEMBER 21, YR-2 LETTER FROM BLAIR NICHOLS TO KEN MORGANFIELD
  D-48. SEPTEMBER 21, YR-2 SIGNED AGREEMENT
  D-49. APRIL 18, YR-l PHONE MESSACE FROM BLAIR NICHOLS TO YVES ROSENBERG
  
  PART II-EXPERT WITNESSES/DAMAGES
  
  MATERIALS AVAILABLE TO ALL SIDES
  STIPULATED EXHIBITS
  D-50. CRANBROOKE EXPANSION PLANS
  D-51. CRANBROOKE IN-HOUSE PRICING MEMO, MAY 1, YR-3
  D-52. INSTRUCTIONS TO DEFENDANT'S EXPERT FROM ATTORNEY, JANUARY 4, YR-0
  D-53. INTERROGATORY RESPONSE CONCERNING CRANBROOKE'S ADVERTISING
  D-54. JUNIOR ACCOUNTANT'S INQUIRY CONCERNING SALES LEVEL ASSUMPTION
  D-55. SENIOR ACCOUNTANT'S RESPONSE CONCERNING SALES LEVEL ASSUMPTION
  D-56. LABOR RATES OF OFFENBURG AND LIVERPOOL
  D-57. CONTENDO INCOME STATEMENT
  D-58. CONTENDO SALES BY COUNTRY
  D-59. CRANBROOKE INCOME STATEMENT
  D-60. CRANBROOKE SALES BY COUNTRY
  
  PLAINTIFF'S MAIN EXPERT REPORT
  LETTER FROM LESLIE CARDINAL, CPA TO PETER ORANGE, JANUARY 6, YR-0
  EXHIBIT 1 PLAINTIFF'S CALCULATION OF LOST PROFITS
  EXHIBIT 2 PLAINTIFF'S ADDITIONAL LOST PROFITS
  LESLIE CARDINAL CV
  
  DEFENDANT'S MAIN EXPERT REPORT
  LETTER FROM MACALISTER CONORS, CPA TO ELIZABETH MATTHEWS, JANUARY 15, YR-0
  APPENDIX 1 DEFENDANT'S CALCULATION OF LOST PROFITS
  APPENDIX 2 CONTENDO SALES BY COUNTRY
  APPENDIX 3 MAP INDICATING DIFFERENCES IN SHIPPING DISTANCES
  MACALISTER CONORS CV
  CONFIDENTIAL BACKGROUND INFORMATION ON MACALISTER CONORS AVAILABLE ONLY TO DEFENDANT
  
  REPLY TO PLAINTIFF'S REPORT
  LETTER FROM MACALISTER CONORS TO LESLIE CARDINAL, JANUARY 20, YR-0
  
  REPLY TO DEFENDANT'S REPORT
  LETTER FROM LESLIE CARDINAL TO ROBERT BURNS, JANUARY 31, YR-0
  
  JURY INSTRUCTIONS
  JURY INSTRUCTIONS
  VERDICT FORMS

• >> AUTHORS
  
  
  • John T. Baker
    
    
    • John T. Baker has spent most of his career concentrating his legal practice in products liability litigation. He earned a national leadership role in multi-district litigation and other consolidated complex litigation concerning defective pharmaceutical products and vehicles. In those leadership roles, he coordinated and conducted nationwide plaintiffs' discovery, managed document depositories, and served on nationwide litigation plaintiffs' steering or management committees. Mr. Baker lectures nationally and internationally on professionalism, torts/product liability, and trial advocacy issues. His legal teaching experience includes adjunct professor at the University of Denver Sturm College of Law; The University of Denver College of Law, and he serves as the Public Programs Educational Director for the National Institute for Trial Advocacy, as well as other program leadership roles for NITA. The University of Denver College of Law Institute for Advanced Legal Studies honored Baker as "Educator of the Year" in 1997.

  
  

  • Robert P. Burns
    
    
    • Robert P. Burns is a professor of law at Northwestern Law and a litigation attorney in the Northwestern University Legal Clinic. He teaches courses in evidence, civil procedure, professional responsibility, health care law, and the philosophy of law. In 1996, and again in 1998, he was awarded the Robert Childress Memorial Award for Teaching Excellence and in 1997 was elected the outstanding Professor of a Small Class. The Class of 1997 elected him to give the "Last Lecture" on the day before graduation. He is program director for the Law School's Litigation and Dispute Resolution Concentration and has been both Perkins-Bauer Teaching Professor and Stanford Clinton Senior Research Professor. His current research interests focus on the theory of the trial and on professional responsibility. Professor Burns is a National Institute for Trial Advocacy (NITA) Distinguished Faculty Member, having taught for the preeminent continuing legal education organization since 1982. He is a principal architect of Northwestern's unique coordinated program in evidence, professional responsibility, and trial advocacy and is co-author of Problems and Materials in Evidence and Trial Advocacy, Vols. I and II, Exercises and Problems in Professional Responsibility, and many essays and articles on trial, evidence, professional responsibility, mediation, and legal philosophy.

  
  

  • Steven Lubet
    
    
    • Steven Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University, where he directs the Bartlit Center on Trial Strategy. He teaches courses on legal ethics, trial advocacy, and narrative structures. A prolific author, Lubet has written more than fifteen books and over a hundred articles on legal issues such as legal and judicial ethics, litigation, legal history, international criminal law, dispute resolution and legal education. His textbook, Modern Trial Advocacy, is used by over ninety U.S. law schools and has been translated or adapted for use in six other countries. In addition to his scholarly and legal writing, Lubet's humor and opinion pieces have appeared on the op-ed pages of newspapers such as the Chicago Tribune, New York Times, San Francisco Chronicle, Baltimore Sun, Philadelphia Inquirer, Newsday, Los Angeles Times, Washington Post, Dallas Morning News, Atlanta Journal Constitution, Detroit Free Press, and many others. He writes an award-winning column for the American Lawyer Magazine, and his satirical commentaries have been heard on National Public Radio's Morning Edition. Lubet received his B.A. in history from Northwestern University (Phi Beta Kappa) in 1970 and his J.D. from the University of California at Berkeley School of Law (Boalt Hall) in 1973. Prior to joining the faculty at Northwestern in 1975, Lubet was an instructor on legal research and writing at DePaul University School of Law and a staff attorney at the Legal Assistance Foundation of Chicago.

  
  

  • Terre Rushton
    
    
    • Terre Rushton is the director of in-house education and curriculum at the National Institute for Trial Advocacy (NITA) in Louisville, Colorado. She is a graduate of the University of California, Hastings College of the Law and clerked for the Honorable Joseph Quinn after graduation. She then worked with the Colorado Attorney General's Office before going into private practice, specializing in divorce and family law. Ms. Rushton has been associated with NITA for a number of years, and in 2006 received The Robert E. Oliphant Service to NITA Award for outstanding service in all areas, including program directorship, public service, writing and support.

  
  

  • James H. Seckinger
    
    
    • James H. Seckinger, one of the nation's outstanding trial-advocacy teachers, has been part of the faculty of the Notre Dame Law School since 1974. Professor Seckinger teaches and writes in the areas of deposition techniques, evidence, professional responsibility and trial advocacy. Since 1973, he has been a member of the faculty of the National Institute for Trial Advocacy (NITA) and served as its director from 1979 to 1994. He earned his B.S. from St. John's University (Minnesota) in 1964, his M.S. from Vanderbilt University in 1968, and his J.D. from Notre Dame in 1968, where he served as articles editor of the Notre Dame Law Review. A member of the Colorado Bar since 1968 and the Indiana Bar since 1976, Professor Seckinger clerked for the Honorable William E. Doyle on the U.S. District Court in Denver, Colorado (1968-69), served as director of litigation at Denver Legal Aid (1969-72) as a Reginald Heber Smith Fellow, served as chief deputy district attorney at the Denver District Attorney's office (1972-74), and held a visiting professorship at Cornell (1978-79).