Civil Procedure Keyed to Hazard
Omotosho v. Giant Eagle, Inc.
Ernest Omotosho (Plaintiff), who was African American, filed suit in federal district court against regional supermarket chain Giant Eagle, Inc. (Defendant) for wrongful termination based on his race. During voir dire, Plaintiff moved to stop the proceedings because no African Americans were included in the venire. The district court denied the motion, but subsequently allowed Plaintiff’s counsel to question the court clerk regarding how the prospective pool of jurors was determined. After an all-Caucasian jury was empaneled to hear the matter, Plaintiff moved for a mistrial. The district court denied the motion. After a three-day trial, the jury held for Defendant. Plaintiff timely filed a motion for a new trial pursuant to Federal Rule of Civil Procedure (FRCP) 59, arguing that he had been denied his right under the Jury Selection and Service Act of 1968 (JSSA), 28 U.S.C. § 1861et seq., to a jury selected from a fair cross-section of the community.
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.