“The Sniffing Accountant” – Hearsay

After Jerry and Kramer notice that Barry Prophet, their accountant, was sniffing uncontrollably at Monk’s, they begin to suspect that he is a drug addict. Their fear of him being "hip to the whole bathroom scene" only increases when they subsequently discover that he has travelled to South America. Elaine, though, thinks that they have … Continue reading “The Sniffing Accountant” – Hearsay

“The Voice” – Standards of Review/Capricious and Arbitrary

After Dean Jones of NYU tells Kramer that NYU student Darren will no longer be allowed to be an intern for Kramerica, Kramer argues that this decision is “capricious and arbitrary.” What does it mean, legally, for an administrative decision to be “capricious and arbitrary”? Is Dean Jones’ decision actually capricious and arbitrary? And, if … Continue reading “The Voice” – Standards of Review/Capricious and Arbitrary

“The Secretary” – Appearance Discrimination

In order to help him take down messages from his mother, George decides to hire a secretary. But fearing that he’ll never get any work done if he goes "the tomato route," George decides to do a "complete 360" and rejects secretarial candidates for being too attractive. He only considers candidates based on their work … Continue reading “The Secretary” – Appearance Discrimination

“The Outing” – First Amendment/Defamation

After Sharon, an NYU journalism student, "outs" Jerry by saying that he and George are a couple, the bickering long time companions desperately try to demonstrate otherwise. Once the article is published, could Jerry sue the newspaper and the writer for defamation? To begin with, truth is the ultimate defense against a claim of defamation. … Continue reading “The Outing” – First Amendment/Defamation

“The Abstinence” – Communication With a Person Represented by Counsel

After Kramer opens up a smoker’s lounge in his apartment, he believes he has a face-case against the tobacco company for failing to warn him that smoking could cause him to lose his allure, his twinkle, and turn his face into an old catcher's mitt. But, despite being represented by the splendid, magnificent attorney Jackie … Continue reading “The Abstinence” – Communication With a Person Represented by Counsel