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Civil Procedure Keyed to Marcus
Janney 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:
Janney is an investment banking corporation who was hired by Underwood to advise Underwood and its subsidiaries and to assist them in obtaining private placement financing. One of the subsidiaries is Shepard Niles. A banking investment agreement was signed in January. By February it did not appear that Janney had any concrete results for Shepard Niles. So Underwood entered in negotiations with another company called UniBank. UniBank help Shepard receive financing. Janney alleges that they gave substantial advice to Underwood and Shepard, and thus deserved the fee under the agreement, Underwood disagreed. Janney filed a state action against Underwood and Shepard for lack of payment, and then filed another federal action against UniBank for tortious interferences with contractual relations. In the federal this suit Janney tried to join Shepard and the court denied the joinder. So then Janney filed a separate federal action against Shepard and Shepard contended that the case should be dismissed because Underwood is an indispensible party that was not joined to that action. The court agreed and dismissed that case, Janney 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.