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Civil Procedure Keyed to Marcus
Janey Montgomery Scott, Inc. v. Shepard Niles, Inc
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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:
Plaintiff, a Pennsylvania investment banking corporation, brought a breach of contract action against Defendant. The Underwood Group (Underwood) is a Pennsylvania corporation and Defendant is a New York corporation. Plaintiff and Underwood executed an Investment Banking Agreement in which Plaintiff agreed to be an advisor to Underwood and its subsidiaries, including Defendant corporation, and to assist them in obtaining private placement financing to refinance Defendant’s debt. When Plaintiff’s actions did not show results, Underwood entered into negotiations with Unibank to provide private placement funding. Plaintiff contends that under the Investment Banking Agreement, the advice Plaintiff gave to Underwood entitles Plaintiff to a contingency fee from Underwood. Plaintiff now tries to recover this fee. First, Plaintiff filed a suit against Unibank for tortious interference with contract, but when Plaintiff tried to amend the complaint to add Defendant, the court denied the motion. Thus, Plaintiff filed a suit in district court against Defendant for breach of contract. Defendant then filed a Motion to Dismiss, which was denied. However, Appellee’s subsequent Motion for Judgment on the Pleadings was granted for failure to join an indispensable party. The indispensable party was Appellee’s parent corporation, the Underwood Group. The district court had to make a determination that Underwood was a necessary party before it could hold that Underwood was an indispensable party whose nonjoinder required dismissal because joinder would deprive the court of diversity jurisdiction.
- 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.