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5–3. Motion for a New Trial. Washoe Medical Center, Inc.,admitted Shirley Swisher for the treatment of a fractured pelvis.During her stay, Swisher suffered a fatal fall from her hospitalbed. Gerald Parodi, the administrator of her estate, and othersfiled an action against Washoe seeking damages for the alleged lackof care in treating Swisher. During voir dire, when the plaintiffs’attorney returned a few minutes late from a break, the trial judgeled the prospective jurors in a standing ovation. The judge jokedwith one of the prospective jurors, whom he had known in college,about his fitness to serve as a judge and personally endorsedanother prospective juror’s business. After the trial, the juryreturned a verdict in favor of Washoe. The plaintiffs moved for anew trial, but the judge denied the motion. The plaintiffs thenappealed, arguing that the tone set by the judge during voir direprejudiced their right to a fair trial. Should the appellate courtagree? Why or why not? (See Posttrial Motions.)

5–4. Discovery. Advance Technology Consultants, Inc. (ATC),contracted with RoadTrac, LLC, to provide software and clientsoftware systems for the products of global positioning satellite(GPS) technology being developed by RoadTrac. RoadTrac agreed toprovide ATC with hardware with which ATC’s software wouldinterface. Problems soon arose, however. ATC claimed thatRoadTrac’s hardware was defective, making it difficult to developthe software. RoadTrac contended that its hardware was fullyfunctional and that ATC had simply failed to provide supportingsoftware. ATC told RoadTrac that it considered their contractterminated. RoadTrac filed a suit in a Georgia state court againstATC alleging breach of contract. During discovery, RoadTracrequested ATC’s customer lists and marketing procedures. ATCobjected to providing this information because RoadTrac and ATC hadbecome competitors in the GPS industry. Should a party to a lawsuithave to hand over its confidential business secrets as part of adiscovery request? Why or why not? What limitations might a courtconsider imposing before requiring ATC to produce thismaterial?