During its summer maintenance shutdown, Damien Universal Metal Products cleaned hazardous sludge from its plating tanks. To avoid exorbitant disposal charges, Lucy Furr, DUMP's operations manager, pours the sludge into the sewer. Using her laptop computer, Lucy forges a receipt for the sludge from a legitimate waste disposal firm. Two months later, DUMP's sludge begins to appear in the city's waste treatment plant. The U. S. Attorney indicts DUMP and Lucy for violating the Resource Recovery and Conservation Act. In addition, Lucy is indicted under the Racketeer Influenced and Corrupt Organizations Act. The government obtains a subpoena for Lucy's laptop. Lucy's attorney petitions the court to quash both the RICO charges and the subpoena. What are the best arguments for the government? What are Lucy's best arguments? How should the judge rule on Lucy's petitions?
Ethel's daughter is engaged to a young man from a wealthy family. She decides to throw a pool party for the couple to impress her future in-laws. Ethel doesn't have a pool, so she hires a contractor to install one in her back yard. A month before the party the contractor tells Ethel that the pool heater is out of stock and won't be available for six weeks. "Otherwise the job is complete," he says. Ethel goes ballistic. "I can't ask my guests to swim in cold water," she screams. "I'll have to cancel the party. And I'm not paying you one red cent." Ethel's daughter is so embarrassed by her mother's behavior that she goes into her room and won't come out. Her fiancé has second thoughts about marrying into such a bizarre family and cancels the engagement. "It's that contractor's fault," wails Ethel's daughter. "We should sue him." What are the issues?