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).