Civil Procedure Keyed to Hazard
Lemoge v. United States
Mark Lemoge (Plaintiff) suffered a serious leg injury at a military facility when a concrete park bench collapsed and fell on him. Mark and his wife, Roxina Lemoge (Plaintiff), filed an administrative tort claim pursuant to the Federal Tort Claims Act (FTCA) with the Department of the Navy (Navy). The claim was denied. Plaintiffs filed suit in federal district court against the United States (Defendant) pursuant to the FTCA. Mark Caruana (Plaintiffs’ attorney) sent a copy of the summons and complaint to the Navy’s administrative-claims attorney. The Navy attorney notified Plaintiffs’ attorney by mail that the documents needed to be delivered to the United States attorney’s office. However, during this time, Plaintiffs’ attorney suffered serious medical complications related to an injury that left him unable to tend to his legal business for several months. Consequently, the service of the pleadings was never completed, and the district court dismissed the complaint. Upon learning that the case had been dismissed, Plaintiffs’ attorney filed a motion to set aside the dismissal and to extend the time to serve the summons and complaint. The district court denied the motion, construing it as a motion for relief pursuant to Federal Rule of Civil Procedure (FRCP) 60(b)(1) based upon excusable neglect, and held that Plaintiffs were barred by the statute of limitations from re-filing the action. Plaintiffs appealed.
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.