SmartBrief
Confirm favorite deletion?
Business Organizations Keyed to Cox
Portnoy v. Cryo-Cell International, Inc.
Citation:
940 A.2d 43 (2008)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- 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.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- 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:
Cryo-Cell International, Inc. is a small public company that has struggled to succeed. By 2007, several of its large stockholders were considering mounting a proxy contest to replace the board. A stockholder, Andrew Filipowski, used management’s fear of replacement to strike a deal for himself to be included in the management slate for 2007 annual meeting. Another stockholder, plaintiff David Portnoy, filed a dissident slate. Going into the annual meeting, Cryo-Cell’s chief executive officer, defendant Mercedes Walton, was desperate. In exchange for the alliance, Walton promised Filipowski that if their management slate prevailed, Cryo-Cell’s board would expand the board to add another seat that Filipowski’s designee would fill. In an effort to secure another key bloc of votes, Walton used a combination of threats and inducements to secure the vote of Saneron CCEL Therapeutics Inc.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.