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Civil Procedure Keyed to Friedenthal
Stewart Organization, Inc. v. Ricoh Corp
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- 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.
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- 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:
Stewart, Plaintiff, sued Ricoh Corp., Defendant, in federal court in Alabama based on diversity of citizenship. Defendant asked the federal court to use its discretion under 28 U.S.C. Section: 1404(a) to honor the forum selection clause and transfer the case to New York, or, alternatively, to dismiss the case for improper venue based on 28 USC Section: 1406. The District Court denied the motion, stating that the case is governed by Alabama law and Alabama disfavors forum selection clauses. The District Court certified the ruling for interlocutory appeal and the Court of Appeals accepted jurisdiction. A panel of the Court of Appeals reversed, stating venue questions are governed by federal law, and that the clause was enforceable as a matter of federal law. The Court of Appeals reversed and remanded to transfer the case to New York. The Court of Appeals en banc affirmed the panel’s decision. Plaintiff appealed.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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