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Business Associations Keyed to Hamilton
Gall v. Exxon Corp.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Gall’s (Plaintiff) derivative suit arose out of the alleged payment by Exxon Corp. (Defendant) of corporate funds as bribes or political payments, which were contributed improperly to Italian political parties to secure favors. Plaintiff inter alia, alleged a violation of Securities and Exchange Commission (SEC) rules 13(a) and 14(a), misuse of corporate assets, and the officers’ breach of fiduciary duties. Defendant had formed a Special Committee on Litigation to study Plaintiff’s complaint, and the committee refused to bring suit against the corporation’s officers connected to the bribes. At Plaintiff’s derivative suit, Defendant motioned for summary judgment, asserting the committee’s decision was proper as it was within the sound business judgment rule.
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- Policy: Identifies the Policy if any that has been established by the case.
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