Civil Procedure Keyed to Spencer
CompuServe Inc. v. Saperstein
Jerry Saperstein (Defendant) is the only shareholder of FontBank, Inc. (FontBank). Defendant, acting pro se, sued CompuServe (Plaintiff) in state court for breach of a contract with FontBank. Plaintiff sued Defendant and FontBank for tortious business practices and violations of Ohio law and sought a declaratory judgment in federal court. Defendant counterclaimed for defamation, business torts, and business practice violations under Ohio and Illinois law. Defendant’s claims were conclusory in nature, and Plaintiff moved for a more definite statement on two of Defendant’s four counterclaims. Defendant filed an amended answer, adding names and a statement asserting that he had been unable to identify defamatory statements due to Plaintiff’s failure to answer interrogatories and produce documents. Next, Defendant refiled the amended answer with six additional counterclaims, though he did not request permission from the court under Federal Rule of Civil Procedure (FRCP) 15(a). The judge held a pretrial conference. Without giving Defendant leave to amend, the judge granted Plaintiff’s motion to strike Defendant’s six new counterclaims and sua sponte dismissed all of Defendant’s remaining claims without prejudice. The judge asserted that Defendant had failed to provide a more definite statement despite amending his answer twice. Plaintiff moved to dismiss its federal action without prejudice, which was denied. The court granted its subsequent motion to dismiss with prejudice. Defendant appealed the dismissal of all claims.
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.