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Civil Procedure Keyed to Friedenthal
Shaffer v. Heitner
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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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. Review the Facts of this case here:
Plaintiff, a stockholder for Greyhound Corp., a company incorporated in Delaware with its principal place of business in Arizona, sued Greyhound Corp., Greyhound Lines, Inc., (a subsidiary of Greyhound Corp.) and present and former officers of the two companies for violating duties to Greyhound Corp. by causing it to be liable for damages in an antitrust suit and a fine in a criminal contempt action in Oregon. Plaintiff filed a motion for sequestration of the officers’ stock. Under a Delaware statute, Delaware is the situs of all stock in Delaware corporations. The stock was seized. Defendants were notified by certified mail of the sequestration and notice was published in a Delaware newspaper. Defendants entered a special appearance so they could move to quash service of process and vacate the sequestration order. Defendant argued that the order violated due process and therefore the property could not be attached in Delaware. In addition, Defendants argued that they did not have the minimum contacts with Delaware required to establish jurisdiction under International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). In addition, Defendants argued that the sequestration procedures were inconsistent with the Sniadach cases (see Sniadach v. Family Finance Corp., 395 U.S. 337, 89 S.Ct. 1820, 23 L.Ed.2d 349 (1969)). The Court of Chancery found for Plaintiff and the Supreme Court of Delaware affirmed the Court of Chancery. The Supreme Court of Delaware reasoned that the Sniadach cases involved default judgments and not compelling a party to appear. This court furthered reasoned that sequestration procedures help to adjudicate claims of mismanagement against Delaware companies, and do not cause permanent deprivation of property to their shareholders. Defendants appealed.
- 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.
- 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.