Civil Procedure Keyed to Friedenthal
Parklane Hosiery Co. v. Shore
ProfessorTodd Berman
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:
In a prior action, the SEC brought suit against the Petitioner alleging that the proxy statement issued by the Petitioner was materially false and misleading. The Court found the proxy statement to be so and entered a declaratory judgment and the Court of Appeals affirmed. In the present action, the Respondent brought a stockholder’s class action lawsuit against the Petitioner alleging that the Petitioner had issued a materially false and misleading proxy statement in connection with a merger and sought damages, rescission of the merger and recovery of costs. The Respondent then moved for partial summary judgment against the Petitioner, asserting that the Petitioners were collaterally estopped from relitigating the issues that had been resolved against them in the SEC case. The District Court denied the motion on the ground that application of collateral estoppel would deny the Petitioner their Seventh Amendment right to a jury trial. The Court of Appeals reversed.
- 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.