Civil Procedure Keyed to Cound
Surowitz v. Hilton Hotels Corp
Surowitz, Plaintiff, bought stock in Hilton Hotels Corp., Defendant, with the aid of her son-in-law, Irving Brilliant. Plaintiff received a notice that Defendant was going to buy a lot of its own stock. Plaintiff sent this notice to Brilliant, who investigated the matter with one Rockler. On the basis of their investigation, they concluded that Defendant was engaged in a fraudulent scheme and explained the situation to Plaintiff. On this basis, Plaintiff agreed that the complaint be filed in her name. The complaint was a shareholders’ derivative action alleging the officers and directors of Defendant had defrauded Defendant of several million dollars. Rockler prepared the complaint and sent it to Brilliant. Brilliant showed Plaintiff an affidavit, took Plaintiff’s testimony and sent the affidavit after Plaintiff verified the complaint. Because Plaintiff had limited English speaking skills and a limited education, Plaintiff did not understand very much about the actual allegations. The District Court granted Defendant’s motion to require Plaintiff to submit herself to an oral examination by Defendant’s counsel. The examination showed that Plaintiff did not know anything about the allegations in the complaint. Defendant moved to dismiss the pleading on the ground that it was a “sham.” Rockler submitted two additional affidavits illustrating the investigation that had ensued prior to filing the complaint. The District Court dismissed the complaint with prejudice. The Court of Appeals affirmed, even though many of the allegations were true. Defendant was never required to file an answer.
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.
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.