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Joinder/Class Action Hypo

By Doug Norton

The University of California at Irvine was sponsoring a concert by Hootie and the Blowfish in teh school gymnasium. Hootie was being paid by the school for this concert to oppose affirmative action, and since they were against affirmative action and worked so hard to become superstars, they decided to do the concert. When the concert finally came around, only 60 people showed up even though the tickets were being sold at teh discounted rate of $100. Hootie was appalled. The Regents of California were furious because they were positive that they had more support from the students in their stand against affirmative action. Hootie decided that they would pretend like they weren't going to perform, and maybe get more money, so they just stayed backstage. One of the Regents named Knucklehead was at the show and ran up to Hootie and yelled "You idiots, we will not have this, perform or you'll pay!". Hootie refused.

The 60 students that came happened to be pro affirmative action and intended to kidnap Hootie and force the Regents to vote for affirmative action. When Hootie refused to come out, their plan was ruined and their anger intensified. They turned their anger towards Knucklehead, who very diplomatically talked his way out of the situation by claiming the advertisement was wrong, and the Regents were for affirmative action and this concert was promoting it. Hootie somehow overheard this and the group snuck out of the gymnasium and went home.

One student, Iceburg, went home very distraught. He didn't care about Knucklehead and his story, all he wanted was to see Hootie. He had saved for 3 years waiting for a Hootie concert, and then they didn't even perform. He called his attorney later that night to talk about his options, and was thrilled to find out about the College Ticket Act of 1995, which makes it a federal crime to sell concert tickets to students where the performer fails to perform. He is overcome with joy because his lawyer has agreed to sue Knucklehead in the morning. Iceburg makes a point to tell his lawyer that he just wants his money back as quick as possible.

Another student Fastburg thought it was the funniest thing that ever happened, and since his father was a millionaire attorney, he didn't care about the $100 or affirmative action, but he knew his dad would laugh, so he called and told him what happened. His dad listened intently but never laughed, and hurried off the phone.

Knucklehead called together all of the Regents that night and explained what happened. They knew of the Ticket Act and were worried about what would happen to them, so they all agreed to sue Hootie first thing in the morning for breach of contract. Knucklehead is happy that he is a Regent because this case would kill him if he had to do it alone.

The next morning on behalf of all 60 students, Fastburg brings a class action suit in Federal Court against Knucklehead under the Ticket Act of 1995.

Considering Joinder, Impleader, Interpleader and Class Actions, discuss the best options of each party (briefly).


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