Who is the Plaintiff?
Jordan Peterson
In the Complaint, one of Plaintiff's two legal claims
Negligence or Negligent Misrepresentation
In the Stipulated Facts, what has Jordan Peterson been diagnosed with?
Permanent anosmia.
Should Defendant try to argue or introduce facts that TheraBloom was at fault or should have some liability in this case?
No. In the Pre-trial rulings, the court denied Defendant's efforts to designate TheraBloom as a non-party at fault. So no blame can be cast on TheraBloom.
A unique feature about Plaintiff that could help make their portrayal memorable
Loved to cook - was going to go to fancy cooking school
Was a skateboard fanatic - to the point of OCD trying to perfect a Tony Hawk trick
Obsessed with Soccer
Who is the Defendant
Riley Quinn
In the complaint, the duty allegedly owed by the Defendant to Plaintiff
exercise reasonable skill and care expected of a reasonable practitioner in the same industry, including the duty to be honest and accurate in the promotion of products
In the Stipulated Facts,
a. how much did Rikey Quinn receive from Synera LifeTech?
b. How many views did the "Beauty Hacks" video receive in its first 24 hours?
a. $3,500
b. 45,000
What can you do if Dr. Chen's CV is excluded as hearsay because his statement doesn't say they created and updated it?
Have them testify about their qualifications and ask for admission as a demonstrative exhibit summarizing testimony.
Name a unique feature about Emerson Vale that could help make his portrayal memorable.
Jealous younger cousin
Semi-obsessed with skateboarding
Boomer grandma sends him AI articles.
Who is Plaintiff's expert?
Dr. Sam Chen
In the Complaint, how Defendant allegedly breached their duty.
When they promoted the use of a product in a manner inconsistent with the manufacturer's warnings and instructions.
In the Stipulated Facts, what information have both experts reviewed?
Each other's witness statements, Plaintiff's background medical reposts, all other witness statements.
Bonus for Daily Double: What alleged facts support comparative negligence?
That Jordan Peterson was negligent in relying solely on an influencer's video and a cousin's recommendation without reasonably verifying the safety or intended use of the TheraBloom product.
Name a unique feature of Dr Torres that could be used to help make a portrayal of them memorable.
Stanford then Harvard (Nerd!) But now livesin Aspen (Cool?)
Not in practice anymore, only does research (Nerd.)
Knows ASL and Wrote a book about ASL for Doctors
Who is Defendant's Expert?
Dr. Casey Torres
In the complaint, the negligent misrepresentation Defendant allegedly made to Plaintiff.
That TheraBloom could be used by insufflation and would result in opening up the pores and enhancing a glow.
In the Stipulated Facts, what damages may Plaintiff claim during their testimony without an unfair extrapolation objection?
$15,847.32 for Medical expenses
Other economic and non-economic damages
Bonus: what non-economic damages might Plaintiff claim?
What document can either side's lawyer use in their closing argument to help walk the jury through important facts?
Jury Instructions!
Name a unique feature of or about Riley Quinn that could be used to help make a portrayal of them memorable.
Became viral for a Gourmet Raman video.
Became an influencer by just posting stuff for free then "monetizing" it.
Who is the Judge?
The person in the robe at the front of the Courtroom -or Ashley Staab (See Pre-trial Order).
In the Complaint, the damages allegedly caused by Defendant's negligence and misrepresentation
Loss of smell, loss of interest and enjoyment of life, and actual monetary damages.
In the Stipulated Facts, what affirmative defense has Defendant asserted?
Comparative Negligence.
Bonus: What is comparative negligence?
Based on pre-trial rulings, what is one way the defense can seek to disqualify Dr. Chen as an expert who can testify about Plaintiff's mental health deterioration resulting from anosmia?
Pre-trial rulings requires that Dr. Chen testify that they spent considerable time researching the common mental anguish associated with anosmia both through observation in their own clinical practice, and by reviewing publications written by mental health professionals and research studies referenced in those publications. If Chen does not testify about these things they cannot testify that Jordan's deteriorating mental health was caused by anomia..
Name a unique feature of Dr Chen that could be used to help make a portrayal of them memorable.
Has studies, and knows a lot about the nose.
Wrote a book: "The nose Knows What it Knows."