Resources > Bagger v. Delishco
Bagger v. Delishco
Marjorie Corman Aaron
This is a contract dispute between a family-owned bag company – Bagger – and a multi-national food company – Delishco. This simulation imagines what an arbitration of Bagger v. Delishco might look like. There are witness statements and exhibits.This was done as a CLE and there are all of the pieces to do so or one could use it in an arbitration or ADR class or even a contracts class without staging the arbitration. One could set up arbitrator selection, the preliminary hearing, potential motions, questions of Zoom vs. in-person, examination of the dispute resolution, and strategic issues relating to the theory of the case.
Bagger v. Delishco Arbitration: Teaching Note (PDF)
Application of U.C.C. 2202 — The Integrated Agreement (HeinOnline – Password Required)
Arbitration
Bagger v. Delishco Arbitration: Stipulations to the Arbitrators (PDF)
Bagger v. Delishco Arbitration: Exclusive Supplier Agreement (PDF)
Bagger v. Delishco Arbitration: Excerpts from Delishco’s RFP and Bagger’s Proposal in Response (PDF)
Bagger v. Delishco Arbitration: Sales Records Email (PDF)
Bagger v. Delishco Arbitration: Bagger Meeting Notes (PDF)
Bagger v. Delishco Arbitration: Delishco Meeting Notes (PDF)
Bagger v. Delishco Arbitration: Email re Contract Terms (PDF)
Bagger v. Delishco Arbitration: Dazzling for Delishco (PDF)
Bagger v. Delishco Arbitration: All Exhibits (PDF)
Bagger v. Delishco Arbitration: Stipulations and Exhibits (PDF)
Witnesses
Bagger v. Delishco Arbitration: Witness BJ Borman, Bagger’s Sales Representative (PDF)
Bagger v. Delishco Arbitration: Witness Pat Delahunt, Delishco VP for Beverage Products (PDF)
Bagger v. Delishco Arbitration: Witness Randy Betz, CFO of Delishco (PDF)
Bagger v. Delishco Arbitration: Witness Sam Kremin, Vice President, Bagger Inc. (PDF)
Bagger v. Delishco Arbitration: Witness Terry Kremin, CFO and Daughter or Son of the Founder (PDF)
Awards
Decision and Award Form for Single Arbitrator – Inside – Fully Informed (PDF)
Decision and Award Form for Single Arbitrator – Inside – No Bracket (PDF)
Decision and Award Form for Single Arbitrator – Outside – Fully Informed (PDF)
Decision and Award Form for Single Arbitrator – Outside – No Bracket (PDF)
Decision and Award Form for Three-Member Neutral Arbitration Panel – Inside – Fully Informed (PDF)
Decision and Award Form for Three-Member Neutral Arbitration Panel – Inside – No Bracket (PDF)
Decision and Award Form for Three-Member Neutral Arbitration Panel – Outside – Fully Informed (PDF)
Decision and Award Form for Three-Member Neutral Arbitration Panel – Outside – No Bracket (PDF)
Information for the Arbitrator(s) of High-Low Bracket Arrangement (PDF)
CLE Arbitration Results and Memo
Arbitration Variations Resultx (Excel file)
CLE Program Resources
Arbitration Process Variations in Real Time (As Sent) (PDF)
Arbitration Variants in Real Time (PowerPoint)
Arbitration Variations in Real Time: Agenda (PDF)
Arbitration Variations in Real Time: To Do (PDF)
Experimenting with Arbitration Variations: Playing with Keys to Winning Performance (PDF)
Information for CLE Application (PDF)