Transcript of "Fall 2011 closed memo no. 1 assignment cooper v. stockett - right of privacy - statute of limitations"
MEMORANDUMTO: Junior Associates, RWA Sections 13 and 16FROM: Senior Partner Entrikin and Senior Associate HowellRE: Cooper v. Stockett, No. 251-11-134 CIVDATE: September 26, 2011 Our firm has been retained as co-counsel to represent the plaintiff, Ablene Cooper, in herongoing litigation against Kathryn Stockett. For the details, please see the pleadings in the courtfile. The issue is whether the trial court erred in granting the defendant’s motion for summaryjudgment on the ground that the plaintiff’s invasion of privacy claims appropriation of identityand false light) were barred by the applicable statute of limitations. Using the authorities provided, please analyze whether the trial judge correctly ruled thatMs. Cooper’s complaint is barred by the statute of limitations. She filed a motion forreconsideration in mid-August, which has since been denied. As soon as the judge’s order onthat motion is available, I will provide you with a copy to add to the case file. In short, we havebeen asked to research the relevant authorities and advise Ms. Cooper whether to appeal the trialcourt’s August 19, 2011 judgment to the Mississippi Court of Appeals. Please predict the likelihood that the trial court’s decision will be reversed on appeal.Use only the edited versions of the legal authorities listed below, which are posted onTWEN under “Writing Assignments.” The only exception is Black’s Law Dictionary, whichyou may consult (and cite, if appropriate) to define legal terms. You are not authorized to engage in any outside research beyond the specific authoritiesprovided. Do not cite any cases not provided to you in the list of authorities. If you wish to relyon any outside legal authoritythat is cited or relied upon by a legal resourceprovided to you,simply refer to the outsideauthority in the text of your discussion. Then cite directly to the legalresource provided in which you found thecitation to the outside legal authority. Your memo should include a heading similar to the heading of this memo. Use 12-pointTimes New Roman (or equivalent) font and one-inch margins. Please double-space your memoand number the pages, centered at the bottom of each page. Please do not exceed five double-spaced pages. (If longer, I will read and evaluate only the first five pages.) You are encouraged todiscuss the assignment and the legal authorities with other first-year students in Professor Entrikin’s RWA Sections 13 and 16. You may also discuss theassignment with Cassie Howell during her office hours or by email. Do not discuss theassignment with anyone else, including your other professors, roommates, parents, siblings,relatives, friends, acquaintances, or strangers. Finally, your writing must be exclusively yours. You may not show your written work toanyone, except Cassie Howell or me. Senior Associate Howell is not authorized to edit or reviseyour written work, which must be exclusively your own. You are expected to do your bestwork on your memo. Your assignment is due at 9:30 a.m. on Wednesday, October 12. 1
Memo No. 1 Library of Legal Authorities (Edited Versions Posted on TWEN)A. StatutesMiss. Code Ann. § 15-1-35 (WL current through 2011Regular Session).Miss. Code Ann. § 15-1-49 (WL current through 2011Regular Session).Miss. Code Ann. § 15-1-67 (WL current through 2011Regular Session).B. Cases (listed in reverse chronologicalorder)Swan v. Boardwalk Regency Corp., 969 A.2d 1145 (N.J.Super. 2009).Pierce v. Clarion Ledger, 236 Fed. Appx.887 (5th Cir.2007).Lane v. StrangCommun. Co., 297 F. Supp. 2d 897 (N.D. Miss.2003).McCorkle v. McCorkle, 811 So. 2d 258 (Miss. App. 2001).Hervey v. MetLife Gen. Ins. Corp. Sys.Agency of Miss.,Inc., 154 F. Supp. 2d 909 (S.D. Miss. 2001).Tichenor v. Roman Catholic Church of the Archdioceseof New Orleans, 32 F.3d 953 (5th Cir. 1994).Young v. Jackson, 572 So. 2d 378 (Miss. 1990).Mize v. Harvey Shapiro Enters., Inc., 714 F. Supp. 220 (N.D.Miss. 1989).Blackwell v. Hustler Mag., Inc., 633 F. Supp. 870 (S.D. 2
Miss. 1986).S. Land & Resources Co. v. Dobbs, 467 So. 2d 652 (Miss.1985).Martin v. Dorton, 50 So. 2d 391 (Miss. 1951).C. RestatementsRestatement (Second) of Torts § 652C (1977).Restatement (Second) of Torts § 652E (1977). 3