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Civil Procedure Keyed to Cross
AllTech Communications, LLC v. Brothers
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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:
Plaintiff, AllTech Communications, LLC, creates portable cellular towers, and Defendant, Robert Brothers previously was an owner and chief operations officer of Plaintiff. Defendant stopped working for Plaintiff and began to work for a competitor, TowerWorx. Plaintiff initiated this action against Defendant and TowerWorx claiming damages for the misappropriation of confidential business information that Defendant obtained when he worked for Plaintiff. Ten days after Defendant and TowerWorx filed an answer, Defendant filed a third party complaint against Kris Langholz, Robert Langholz, and Laurence Langholz, all officers of Plaintiff. Defendant contends that before he resigned, the Langholzes had breached their fiduciary duties, breached a contract, and unjustly enriched themselves, causing Defendant to resign from the company. The Langholzes motioned to dismiss the third-party complaint alleging that F.R.C.P. Rule 14 solely allowed a defendant to implead a third party when that party may be liable for all or part of the claim against the Defendant. Further, Langholzes contends the claims asserted against them were neither derivative nor dependent on Defendant’s liability. Alternately, the Defendant motioned for a leave to file an amended counterclaim to add the claims against the Langholzes.
- 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.
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- 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.