Confirm favorite deletion?
Civil Procedure Keyed to Hazard
Pearson v. NBTY, Inc.
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. Review the Facts of this case here:
NBTY, Inc. (NBTY) (Defendant) and its subsidiary, Rexall Sundown (Rexall) (Defendant), manufactured vitamin and nutritional supplements for individuals with joint disorders. Retail outlets such as Target (Defendant) distributed the supplements to consumers. Nick Pearson and others (Plaintiffs) filed a class-action suit in federal district court, alleging that Defendants had made false claims regarding the supplements’ efficacy in violation of several states’ consumer-protection laws. Five other similar class-action suits were initiated nationwide. Eight months later, class counsel in all six cases negotiated a nationwide settlement with NBTY and Rexall and submitted the settlement to the respective courts for approval. A claimant could receive $3 each for up to 4 bottles of supplements, or $5 each for up to ten bottles with proof of purchase. The potential claimants were each mailed a postcard with instructions to visit a website, review a ten-page statement, and complete a claim form in order to receive compensation. The district court, which valued the settlement at $20.2 million, approved $1.93 million in attorneys’ fees, a $1.13 millioncy presaward to the Orthopedic Research and Education Foundation, $865,284 to the 30,245 class members who submitted claims, and $1.5 million in administration costs. Additionally, the district court approved a thirty-month injunction requiring Rexall to remove language regarding certain alleged benefits of the supplements from its packaging. The plaintiffs 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.