2020-21 CASE MATERIALS & COMPETITION RULES Payton Knox v. Nixon Lodge & Catering, Inc. Thank you to the MSBA Case Subcommittee for their countless hours and dedication revising the 2021 Case for the competition: Nicholas Hydukovich (Chair), Wynne Reece (MT Chair), Landon Ascheman, Marcy Harris, Todd Kosovich, Will Oosterman, Hon. Lisa Pearson, and Robert Yount. Since 1986, the Mock Trial Program has been sponsored by The Minnesota State Bar Association 600 Nicollet Mall, Suite 380 | Minneapolis, MN 55402 (612) 333-1183 or (800) 882-MSBA Visit the Mock Trial website at: http://www.mnbar.org/public/mock-trial For further information, contact: The MSBA is committedKim Basting, to creating MSBA an inclusive Mock environment Trial Director in which |every [email protected] person can participate in the Mock Trial program. Please contact us if there are reasonable accommodations that would allow you to participate more fully. Such requests should be directed to Kim Basting, Director of Mock Trial Program at (612) 278-6306. 1 The Mock Trial Program extends its gratitude for the generous support and assistance of: MSBA Administrative Law Section; MSBA Agricultural & Rural Law Section; MSBA Animal Law Section; MSBA Antitrust Law Section; MSBA Appellate Practice Section; MSBA Children & the Law Section; MSBA Civil Litigation Section; MSBA Communications Law Section; MSBA Construction Law Section; MSBA Consumer Litigation Section; MSBA Corporate Counsel Section; MSBA Criminal Law Section; MSBA ENRE Law Section; MSBA Family Law Section; MSBA Food & Drug Law Section; MSBA Greater Minnesota Practice Law Section; MSBA Health Law Section; MSBA Immigration Law Section; MSBA International Business Law Section; MSBA Labor & Employment Law Section; MSBA Public Utilities Law Section; MSBA Real Property Law Section; MSBA Solo Small Firm Practice Section; MSBA Tax Law Section; MSBA Tech Law Section; Third District Bar Association; Fifth District Bar Association; Seventh District Bar Association; Nineteenth District Bar Association; ABOTA Foundation; Academy of Certified Trial Lawyers of Minnesota (ACTLM); Minnesota Continuing Legal Education (MNCLE); Minnesota Judicial Branch; Minnesota State Bar Foundation; Thomson Reuters; Fredrikson & Byron Foundation; Individual Donations: Peter & Jane Cahill; David Drueding & Susan Stabile; Richard Lesicko; David Lillehaug & Winifred Smith; William McGinnis; Bridget Nason; Kristin M. Olson; Robert Patient; Mary Vasaly; Karen Wolff; Paul Zerby; Numerous Anonymous Donors. Consider making a tax-deductible donation to the Amicus Society on behalf of the MSBA Mock Trial Program at GiveMN.org Volunteers Thank you to over the 700 attorney volunteers that spend countless hours preparing teams and judging the competitions! Without your support, the program would not be a success! Visit the 2020 April Bench & Bar publication on our website to see who they are! Special thanks to the Mock Trial Advisory Committee. The Program would not be successful without their knowledge, time, and commitment! Wynne Reece, Minneapolis, Chair; Landon Ascheman, Saint Anthony Village; Thomas Atmore, Minneapolis; Timothy Baland, Anoka; Sherry Bruckner, Alexandria; The Honorable Peter Cahill, Minneapolis; Charles Cochrane, Roseville; The Honorable James Dehn, Cambridge; Dyan Ebert, St. Cloud; The Honorable William Fisher, St. Paul; John Gearin, Star Prairie (WI); Marcy Harris, Minnetonka; Robert Huber, Bloomington; Christopher Huether, Alexandria; Nicholas Hydukovich, Stillwater; Lauren Johnson- Naumann, Eagan; Scott Jurchisin, Minneapolis; The Honorable William Koch, Minneapolis; Todd Kosovich, Mankato; The Honorable David Lillehaug, Minneapolis; William McGinnis, Rochester; Kristin Olson, Minnetonka; Will Oosterman, Brooklyn Park; Robert Patient, Roseville; The Honorable Lisa Pearson, St. Paul; Thomas Rooney, St. Paul; The Honorable Kathleen Sanberg, Minneapolis; Professor David Schultz, St. Paul; Marc Sebora, Hutchinson; Amanda Sieling, Marshall; Randy Sparling, Minneapolis; Antonio Tejeda Guzman, Willmar; Collin Tierney, Minneapolis; The Honorable Mark Vandelist, Lakeville; Robert Yount, Anoka. 2 To: MSBA Mock Trial Program Participants From: MSBA Mock Trial Advisory Committee Re: 2020-21 Mock Trial Program Date: October 23, 2020 On behalf of the Minnesota State Bar Association and the Mock Trial Advisory Committee, welcome to the 35th season of the MSBA High School Mock Trial Program! We are very excited to host the competitions virtually this Season and hopeful that the experience will be a positive one for each and every participant. We look forward to seeing the arguments you develop. The MSBA hopes that all the benefits of the Mock Trial Program will go far beyond the rewards associated with competing against one’s peers, winning a round or two, or even the state title. The success of this program relies heavily on the hundreds of volunteers acting as coaches and judges; be sure to extend your gratitude to these individuals whenever given the chance throughout the season! The Mock Trial program recognizes the COVID-19 pandemic has impacted many lives. At the time this case is being published, more than 220,000 Americans have died as a result of this pandemic. Many more are also expected to die from the disease. We drafted this case, in part, to demonstrate the way legal issues do not “go away” during a time of international crisis. Indeed, sometimes, situations such as this create legal disputes not originally imagined. Attorneys are always thinking “worst case” and “all possibilities” when drafting contracts. The use of “force majeure” clauses is one way to address these possibilities. There are others. But, as this case demonstrates, even careful drafting cannot account for every possibility or how that language will be interpreted by the contracting parties or the court. We hope you and those close to you stay well. Best of luck and have fun! 3 TABLE OF CONTENTS Section One: Case Overview 5 Complaint 6 Answer and Affirmative Defenses 10 Pretrial Order 13 Stipulations 15 Jury Instructions 16 Section Two: Witness for Plaintiff – Payton Knox 23 Witness for Plaintiff – Jordan Knox 26 Witness for Plaintiff – Riley Swayne 29 Witness for Defendant – Bobbie Stuart 33 Witness for Defendant – Kris Nixon 36 Witness for Defendant – Toni Olivia 42 Section Three: Exhibit 1 – Nixon Lodge & Catering Brochure 47 Exhibit 2 – Nixon Lodge & Catering Contract 48 Exhibit 3 – Nixon Lodge & Catering COVID Preparedness Plan 57 Exhibit 4 – Hibbing Haute Couture Contract & Invoice 63 Exhibit 5a-5h– Email Chain 65 Section Four: Competition Rules 75 Minnesota Mock Trial Simplified Rules of Evidence 95 Virtual Competition Rules 106 Virtual Competition Requirements and Tips 111 Sample Team Roster 113 Sample Team Roster Zoom Participants for MSBA 114 Student Release Form 115 Volunteer of the Year Nomination Form 116 Pretrial Stipulations 117 4 CASE OVERVIEW This is a civil case based on contract law. It is set in Hibbing, St. Louis County, Minnesota. Payton Knox, a local hockey hero, and Parker Stevenson became engaged to be married in 2019. Payton’s parent, Jordan Knox, formerly a well-known clothier in Hibbing, was as excited as Payton for this wedding, with visions of grandchildren dancing in their head. The happy couple’s parents each agreed to foot 35% of the wedding costs. The big day was to be July 4, 2020, the five-year anniversary of when Payton and Parker met. The venue was to be Nixon Lodge, a lovely old hotel, reminiscent in some ways (at least for Payton) of the old Hibbing High School. The venue and catering services were booked in June 2019. Payton, Parker and their respective parents were fairly well off and they were going to make this the wedding of the decade. The wedding was planned for about 250 people (and 2 dogs); dozens of friends and relatives were going to be flown in from all over the country (and from France, where Jordan still has family). Then the COVID-19 pandemic began its deadly path across America. By March 2020, Minnesota was in shut- down mode, airlines had all but stopped flying, and people were socially distancing themselves and wearing masks. The hotel and restaurant businesses were required to develop Preparedness Plans regarding how they would conduct business in the face of COVID. Based on the Rules promulgated by the Minnesota Department of Health, the recommendations of the Hibbing Health and Safety inspector, and the age and physical layout of the Nixon Lodge, the owner and Sales Manager, Kris Nixon, informed the Knoxes that the maximum size of the wedding would be 75 and that masks, social distancing and other health precautions would be required. When the Knoxes balked at these restrictions, Nixon Lodge offered to look for an alternative date, for a fee. The Knoxes were outraged and demanded either the wedding of Payton and Parker’s dreams or their money back. Nixon Lodge refused. Payton Knox sued Nixon Lodge for a return of all the money they put down; Nixon Lodge answered with a countersuit, demanding payment of the rest of the monies owed to them. The witnesses for the plaintiff are: ➢ Payton Knox: one half of the happy couple. Payton is a local hero of sorts, based on a long, successful career as a hockey player. Payton wanted a huge wedding and wanted it on the anniversary that Payton and Parker met – July 4, 2020. ➢ Jordan Knox: parent of Payton Knox and formerly the successful owner of Palace Clothiers in Hibbing. Jordan sold the business a few years back and now happily lives in Maine with Jordan’s spouse. ➢ Riley Swayne: wedding planner hired by Payton and Parker on or around March 14, 2019. Booked the venue on behalf of the wedding party and arranged for fireworks and a red and blue wedding color scheme. The witnesses for the defendant are: ➢ Kris Nixon: owner and chief Sales Manager for Nixon Lodge and Catering. After working at several jobs that provided good training, Kris inherited the Nixon Lodge, which had been in the Nixon family for nearly 100 years. With a relatively small operations staff, Kris took on the position of Sales Manager as well as owner. ➢ Bobbie Stuart: catering manager for Nixon Lodge and Catering.