Civil Procedure Keyed to Spencer
Pension Committee v. Banc of America Securities
Shareholders (Plaintiffs) in Lancer Offshore, Inc. and OmniFund Ltd. (the Funds) sued parties associated with the Funds (Defendants) in February 2004 for damages resulting from liquidation of the Funds. After the Funds’ manager filed for bankruptcy in 2003, the Funds were held in receivership in Florida. Plaintiffs hired attorneys in November 2003. The lawyers indicated that production should be over-inclusive, but gave no standard litigation hold instructing Plaintiffs to preserve relevant information. In 2005, the action was transferred to the United States District Court for the Southern District of New York. Discovery began in 2007, and almost immediately the gaps in Plaintiffs’ document production became apparent. Some plaintiffs failed to institute a litigation hold, preserve documents, secure documents from key players, and supervise production. Plaintiffs also deleted electronic documents and made false declarations. Other plaintiffs belatedly instituted litigation holds or failed to instruct employees. Defendants moved to sanction Plaintiffs.
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.