Problem
After the insurrection at the Capitol on January 6, 2021, Bed Bath & Beyond stopped selling My Pillow products and informed the My Pillow CEO that it was canceling its contract with the company. The CEO had been active in Trump's campaign to overturn the election results and told the insurrectionists to "fight like hell." My Pillow sues Bed Bath & Beyond.
A. What tort claim should My Pillow bring against Bed Bath & Beyond?
B. Who is most likely to win the tort claim: My Pillow or Bed Bath & Beyond? What will be the easiest element for My Pillow to prove? The most difficult? Explain the reasoning.
C. What contract claim should My Pillow bring against Bed Bath & Beyond?
D. Who is most likely to win the contract claim: My Pillow or Bed Bath & Beyond? What will be the easiest element for My Pillow to prove? The most difficult? Explain the reasoning.