Civil Procedure Keyed to Friedenthal
Temple v. Synthes Corp
Temple (Plaintiff), a resident of Mississippi, underwent surgery in Louisiana in which a “plate and screw device” was surgically implanted and broke off after the surgery. Plaintiff sued Synthes Corp. (Defendant), the manufacturer of the device, in federal court in Louisiana and sued the doctor and hospital involved in Louisiana state court. Defendant moved to dismiss Plaintiff’s case for failure to join necessary parties under Federal Rule of Civil Procedure 19(a). The District Court ordered Plaintiff to join the doctor and hospital in the interest of judicial economy or face dismissal of Plaintiff’s case. Plaintiff did not join the doctor or hospital and the District Court dismissed Plaintiff’s case. The Fifth Circuit affirmed the District Court’s decision. Plaintiff appealed.
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.