Business Associations Keyed to Hamilton
International Brotherhood of Teamsters General Fund v. Fleming Companies, Inc.
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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:
International Brotherhood of Teamsters General Fund (Teamsters) (Plaintiff) owned sixty-five shares of Fleming Companies, Inc. (Defendant). Defendant implemented a shareholder rights plan as an anti-takeover mechanism. Teamsters (Plaintiff) alleged that the plan was a way to entrench the current Defendant board of directors in the event Defendant became the target of a takeover. Teamsters (Plaintiff) prepared a proxy statement and proposal that regarding any rights plan, a majority vote by shareholders be required. Defendant refused to include the Plaintiff’s resolution in its 1997 proxy statement and Plaintiff brought suit in federal court. The district court ruled in favor of Plaintiff and Defendant appealed to the Tenth Circuit Court of Appeals, which submitted the certified question to the state Supreme Court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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