Pat Varma v. Samantha/Samuel Kang, M.D. – This year’s case concerns medical malpractice. The plaintiff, once a star soccer player, was diagnosed with terminal cancer in 2014. Three years prior to this diagnosis, in 2011, the defendant performed heart surgery on the plaintiff after her/his heart had stopped following a soccer game. While the plaintiff acknowledges that the surgery performed by the defendant saved her/his life, the plaintiff alleges that the defendant acted negligently in other respects and that, but for this negligence, the plaintiff’s cancer would have been diagnosed in 2011. Had the cancer been diagnosed at that time, the plaintiff alleges, certain treatment options would have been available, and the plaintiff’s prognosis would have been significantly better.
The defendant denies that she/he acted negligently, and asserts that she/he is not liable for any harm suffered by the plaintiff. Accordingly, a trial will be needed to resolve this dispute.
National Rank: 3rd
Teacher Coach(es): Laura Antuna
Attorney Coach(es): David Weingarten, Joshua McGuire
Commonwealth of Massachusetts v. Stephanie/Steven Hardee – This year's case is a criminal matter and concerns a man (fictional) whose life was cut short on the evening of August 2, 2014. There is no dispute as to what killed him or even who did it. But was the killing a criminal act, or was the defendant legally justified?
National Rank: 38th
Bari/Barry Jacob v. Caborite Aircraft, Inc. – This year's case revolves around whether or not the wing of a stunt plane (the Carborite Model 2) sheared off due to a design defect or as a result of pilot error.
The plaintiff, Barry (Bari) Jacob, is the child of John Dymek Jacob, a stunt pilot who died performing an advanced aerobatic maneuver called the Triple Lindy while practicing for a stunt show at the Devlin County Fair. The plaintiff asserts that the defendant, Carborite Aircraft Inc., failed to design the plane to withstand the standard amount of g-force necessary for a stunt plane in order to save money. Carborite's position is that the plane was designed correctly and that the plane's maximum permitted g-force was only exceeded because of the negligent actions of the pilot.
Can the plaintiff prove by a preponderance of the evidence that the design was defective or will the defendant be successful in its defense that this tragedy would not have occurred but for pilot error?
National Rank: 30th
Teacher Coach(es): Laura Antuna & Kate Grant
Attorney Coach(es): David Weingarten, Joshua McGuire & Liz Milsark
Commonwealth of Massachusetts v. Paula/Paul Breedy – This year’s case is a good old fashioned murder mystery. The victim, a wealthy widow with no children of
her own, dies from a heart attack shortly after informing her heirs that she is giving half of her estate to a charity and her live-in caregiver will receive a remaining equal share with the grandnieces and grandnephews. The prosecution asserts that the defendant, one of her grandnephews, poisoned her by tampering with her medication to cause the heart attack. The defense asserts that the heart attack was natural, or that if it wasn’t, she was murdered by her live-in caretaker or another relative who was upset by the significant reduction in his share of the estate.
National Rank: 41st
Teacher Coach(es): Gary Huggett
Attorney Coach(es): Karin Kyser & Barry Magnani
Alex Soltin v. Annie/Allen Sway
– This year’s case explores the division of legal responsibility when addressing a pervasive social problem, one that is familiar to most, if not all, high school students—bullying. The issue at the heart of the civil claim, to be tried by the participating students, is what level of responsibility do teachers bear in identifying and preventing bullying among students. This is a topic that is prevalent in the media and one that illustrates the challenging intersection between law and social policy.
National Rank: 31st
Commonwealth of Massachusetts v. Eddie/Addie Bernson – Inspired by the MBA’s celebration of its past, this year’s Mock Trial Committee has adapted and updated one of the most successful cases in the program’s history. First used in 1998, the case arises out of a fatal car accident at a dangerous intersection that was missing a stop sign. The defendant is accused of removing the stop sign from the intersection as part of a high school prank, and faces criminal charges for causing the accident and deaths. The case explores the far-reaching ramifications of seemingly innocuous behavior, serving as a reminder of the full extent of criminal responsibility.
National Rank: 11th
Attorney Coach(es): Josh McGuire, David Weingarten
Doris/Dennis J Zellus v Abigail/AbrahmJ. Clifford and Goldsmith, Neray & Sass LLC – Defendants alleged to have violated the Uniform Securites Act, commited Common Law Fraud, violated the Consumer Protection Act and breached thier fiduciary duties to the Plaintiff, all as a result of financial advice given to the Plaitiff resulting in substantial monetary damages.
National Rank: 20th
Teacher Coach(es): Mike Rosenberg
Attorney Coach(es): Dave Fredette
Comm. v. Sazer Larson – Returning Iraqi war vet claims that symptoms relating to Post-Traumatic Stress Disorder caused an hallucination that brought him back to the reality of war, when he actually pulled the trigger and killed an old high-school nemesis during a July 4th fireworks celebration. Was this first degree murder or an act caused by insanity or diminished capacity?
National Rank: 22nd
Teacher Coach(es): Brian Hammel
Attorney Coach(es): Elliott M. Loew, Esq.
Smith v. Lunatick Games – High school intern at successful computer gaming company with casual, informal work rules. Student alleges gender discrimination / hostile work environment and retaliation under M.G.L. c. 151B. Was the environment hostile or was the student unreasonably sensitive?
National Rank: 7th
Teacher Coach(es): Tanya Perkins
Attorney Coach(es): Jack Mikels, Esq. and Michael Tuteur, Esq.
Comm v Freeman – Defendant charged with vehicular homicide while under influence driving negligently. Defendant had a head cold, took cold medication, drove home from a party after midnight, after playing in a band. Hit a pedestrian who died the next day. Had sip (or two) of beer. Breathalyzer .03. Field sobriety test results questionable. Legally impaired?
National Rank: 24th
Teacher Coach(es): Malcom Flynn
Attorney Coach(es): Michael Tumposky, L. McDonough, Sean Cronin
Dannie Boyd vs. Findlay Auto Devices, Inc. – Civil product liability case. A portable GPS device. A driver looks down at the “FAD-411" screen and misses a “no right turn” sign. The driver turns right and is slammed into by a truck. Design defect or negligent driving?
National Rank: 18th
Attorney Coach(es): Robert Shute
United States vs. Cameron/Carmela Berncoat – Criminal conspiracy, malicious destruction of property by arson causing death, malicious mischief. Researcher at animal lab lets animal rights members to enter. While there, animals are released, a fire starts, causing death of an employee. Was defendant duped or a willing co-conspirator. Did s/he timely withdraw from the conspiracy?
National Rank: 12th
Teacher Coach(es): Don Crowley
Attorney Coach(es): Elliot Loew, Patrick.J. Hannon
Jody Sarak v. Michael / Michelle D. Chervy – Copyright infringement. Doing an assignment, college student file shares musician's work via Internet. Is Professor liable for contributory infringement, or did student act alone, or, regardless, is it “permitted fair use”?
National Rank: 29th
Teacher Coach(es): Denise Coffey
Attorney Coach(es): Dennis McHugh, Kevin Sullivan
Commonwealth v. Hemmill N. Carter – Motion to Suppress –– Criminal/Civil Liberties/Racial Profiling: Mass and U.S. Constitution issues. Search and seizure of a high school student and his belongings; proper response to terrorist threat or racial profiling?
National Rank: 39th
Teacher Coach(es): Bob Baker
Attorney Coach(es): Gary Crossen, Dan Matthews, Jennifer Adreani, Sarah Theall, Mary Jo Johnson
Casey Willinger v. Billy/Billie Bartin – Sports Injury/Civil Tort; negligence, battery, emotional distress: M.G.L c.233, Section 79G Batter hit in face by pitch. Intentional?
National Rank: 16th
Attorney Coach(es): Elliot Loew, Patrick J. Hannon
Commonwealth v. Jerejay G. Teasdale, III – Hate crimes; violation of civil rights: M.G.L c.265 Ethnic slurs and name calling leads to fight between north and south "Freedonians."
National Rank: 27th
Teacher Coach(es): Jack O'Donnell
Ward v. Bannon – c. 209A Abuse Prevention Order against boyfriend
National Rank: 23rd
Teacher Coach(es): Kevin Delaney
Attorney Coach(es): Robert Burdick
O.P. Taylor v. Town of Thomas River – First Amendment/free speech. School punishes student based on content of student web page on home computer
National Rank: 17th
Attorney Coach(es): Elliot Loew, Eric Petit, Josh McGuire
Commonwealth v. Mickey Peters – Manslaughter indictment of high school student for removing stop sign; couple killed in intersection crash
Attorney Coach(es): Elliot Loew, Josh McGuire
Mary Babson, Administratrix v. Jody Rivers et al. – Wrongful death; social host liability for parents and student who held "keg" party where underage student died from excess alcohol consumption
National Rank: 13th
Attorney Coach(es): Elliot Loew
Pat Barkley, ppa v. City of Jamestown – Sexual harassment of high school girl by male students; alleged Title IX violation of school under "hostile environment" test for failure to control students
Teacher Coach(es): Jerry Howland
Attorney Coach(es): David Levy
Commonwealth v. Dana Fox – Juvenile Transfer Hearing to be tried as adult for vehicular homicide running over victim in crash of stolen car
Stacy Madison v. City of Moneville – Student shot by handgun at high school; sues city for negligent failure of school to keep guns out of the school
Commonwealth v. Eliot – Date rape: students get drunk at house party; have sex; consent?
National Rank: 5th
Attorney Coach(es): Jim McGuire, Elliot Loew
Howard Greene, ppa v. City of Craneville – Negligence for failure of day care staff to report child abuse
Commonwealth v. Jamie Peale – Felony murder indictment of driver of the "getaway" car in a convenient store robbery
J. Doe, ppa v. Brownsville School District – 6th Grader with AIDS barred from attending public school
Teacher Coach(es): Marge Montgomery
Attorney Coach(es): Jay Flynn
Commonwealth v. Jameson – 4th Amendment: school locker search for drugs
Attorney Coach(es): Jay Flynn, Jim McGuire
Commonwealth v. Robert Macafee – Assault with dangerous weapon: irate citizen shoots teenage driver after repeated harassment by kids in cars
Teacher Coach(es): Malcolm Flynn
Attorney Coach(es): Conrad Bletzer, Jr.
Commonwealth v Page – Eyewitness identification
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