Fact Pattern

In early 2025, Ford releases its new flying car, called the Thundercougarfalconbird (TCFB for short). The TCFB is a sensation, it is an electric car, requiring no maintenance, and can fly up to 500 miles on a single charge. It also has a robust auto-pilot feature which allows the car to fly itself. During storms, it can fly above the clouds for solar charging. Amazingly, it also only retails for $2,500.00. Ford kept the TCFB secret for decades, as it would clearly disrupt the market so much, competitors might be interested in destroying the prototype to stop the shift in the market. Ford did not even tell the federal government, and instead, in Apple style, did a big unveil and had cars ready for the public immediately after announcement.

The great news is that the people of the United States have had their transportation needs radically reduced, and now almost anyone can travel almost anywhere for a very small amount of money. The issue is that there are now thousands upon thousands of individuals flying small aircraft without any training or safety measures. The Government acts quickly. President Dwayne “The Rock” Johnson immediately signs an executive order making it illegal to fly a TCFB and begins to confiscate the cars without any remuneration for the owners.

Ford is furious, the new CEO of Ford, Mark Zuckerberg (Ford was acquired in early 2023), calls up President “The Rock” Johnson and informs him that he will be suing him immediately in the Supreme Court and he better get ready for battle, because it is going to be a really long trial. Mark’s lawyers (in supreme confusion) file a “Motion for Summary Judgement” with the Supreme Court and demand the United States pay them $1 Trillion in damages (which is the gross total they would make if every single person in US bought a TCFB). President “The Rock” Johnson refuses to, as he puts it, “negotiate with terrorists”, and pay the damages.

Three months later, the Supreme Court finally looks at the motion for summary judgement, and is also very confused, and then suggests that maybe the D.C. district court should handle the case. After a lot of back and forth between the government and Ford’s lawyers, there is finally a settlement with respect to sales of the TCFB. In order for Ford to continue selling them, they must:

Only sell to those is a valid “Flying Car License (FCL)”

Only sell to those that can carry at least $1M in liability insurance AND

Sell less than 1 million units per year to the general public

This seems to be a win/win (President “The Rock” Johnson even added it to his “What the Rock is Cookin” section of the State of the Union), but the ACLU steps in a few months later and sues the federal court for discrimination. The federal government is the issuer of FCL’s and they have only issued 1 million FCL’s. Those FCL’s were only issued to individuals who were able to take a $100,000 “Flying Class” which consisted of sitting in the vehicle while in auto-pilot and eating caviar. As a result of the extreme measures need to get an FCL – only 1% of the people of color who applied were granted FCL’s. In addition, the government determined that women who “were pregnant or capable of getting pregnant” would not be able to get FCLs, so only 3% of FCL’s were issued to women.

Please identify the legal issues and mistakes made in the above case. Remember to analyze the issues and determine who gets resolution, and what form that might may take.