MEMORANDUM

TO: Junior Associates, RWA Sections 13 and 16

FROM: Senior Partner Entrikin and Senior Associate Howell

RE: Cooper v. Stockett, No. 251-11-134 CIV

DATE: September 26, 2011

Our firm has been retained as co-counsel to represent the plaintiff, Ablene Cooper, in her ongoing litigation against Kathryn Stockett. For the details, please see the pleadings in the court file. The issue is whether the trial court erred in granting the defendant’s motion for summary judgment on the ground that the plaintiff’s invasion of privacy claims appropriation of identity and false light) were barred by the applicable statute of limitations.

Using the authorities provided, please analyze whether the trial judge correctly ruled that Ms. Cooper’s complaint is barred by the statute of limitations. She filed a motion for reconsideration in mid-August, which has since been denied. As soon as the judge’s order on that motion is available, I will provide you with a copy to add to the case file. In short, we have been asked to research the relevant authorities and advise Ms. Cooper whether to appeal the trial court’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 on TWEN under “Writing Assignments.” The only exception is Black’s Law Dictionary, which you may consult (and cite, if appropriate) to define legal terms.

You are not authorized to engage in any outside research beyond the specific authorities provided. Do not cite any cases not provided to you in the list of authorities. If you wish to rely on any outside legal authority that is cited or relied upon by a legal resource provided to you, simply refer to the outside authority in the text of your discussion. Then cite directly to the legal resource provided in which you found the citation to the outside legal authority.

Your memo should include a heading similar to the heading of this memo. Use 12-point Times New Roman (or equivalent) font and one-inch margins. Please double-space your memo and 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 to discuss the assignment and the legal authorities with other first-year students in Professor Entrikin’s RWA Sections 13 and 16. You may also discuss the assignment with Cassie Howell during her office hours or by email. Do not discuss the assignment 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 to anyone, except Cassie Howell or me. Senior Associate Howell is not authorized to edit or revise your written work, which must be exclusively your own. You are expected to do your best work on your memo. Your assignment is due at 9:30 a.m. on Wednesday, October 12.

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Memo No. 1

Library of Legal Authorities

(Edited Versions Posted on TWEN)

A. StatutesMiss. Code Ann. § 15-1-35 (WL current through 2011 Regular Session).Miss. Code Ann. § 15-1-49 (WL current through 2011 Regular Session).Miss. Code Ann. § 15-1-67 (WL current through 2011 Regular Session).

B. Cases (listed in reverse chronological order)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. Strang Commun. 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 Archdiocese of 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. 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).

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