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Civil Procedure Keyed to Cound
Upjohn Co. v. United States
CaseCast™ – "What you need to know"
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*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:
Petitioner, an international pharmaceutical company discovered through an independent audit that one of its foreign subsidiaries might have made payments to foreign government officials in order to secure government business. Gerard Thomas, Petitioner’s General Counsel, was notified and he consulted with outside counsel as well as Petitioner’s Chairman, all of whom decided an internal investigation as to “questionable payments” was necessary. As a result, questionnaires were sent to all foreign and area managers inquiring as to information regarding any such payments. This procedure of collecting information had been deemed “highly confidential.” Petitioner voluntarily sent a preliminary report to the Securities and Exchange Commission (SEC) and the IRS. The IRS began an investigation and was given lists by Petitioner of all those who were interviewed and all whom had responded to the questionnaire. The IRS then sought production of all files relative to the investigation conducted under Gerard Thomas’ supervision. The requested production included, but was not limited to the written questionnaires and memoranda or notes of interviews conducted in the US and abroad of officers and employees of Petitioner and its subsidiaries. Petitioner refused, citing attorney-client privilege and attorney work product in anticipation of trial. The Respondent, the United States (Respondent), filed a petition seeking enforcement of the summons in the United States District Court for the Western District of Michigan, which was granted. Petitioner then appealed to the Court of Appeals for the Sixth Circuit which rejected the District Court’s finding of waiver of the attorney-client privilege, but agreed that the privilege did not apply to the communications made by officers and agents not responsible for directing Upjohn’s actions in response to legal advice. The Appellate Court remanded to the District Court to determine who was within the control group.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.