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Civil Procedure Keyed to Spencer
Lehman v. Revolution Portfolio L.L.C.
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- 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:
Barry Lehman (Plaintiff) and Stuart A. Roffman (Third-party Defendant) were beneficial-interest holders in the Farm Street Trust (the Trust). The Trust took out a $2.8 million loan from First Mutual Bank for Savings (Defendant) and defaulted. Third-party Defendant and Plaintiff had guaranteed the loan, and Plaintiff put up property as collateral. The Bank foreclosed on the property. Plaintiff sued for rescission in state court, arguing that the Bank had negligently made the loan based on Third-party Defendant’s fraud. Later, the Bank went under. The Bank’s insurer, the Federal Deposit Insurance Corporation (FDIC), removed the case to federal court and was substituted as the defendant. The FDIC amended its answer and counterclaimed against Plaintiff, with the court’s permission because six months had elapsed. The FDIC counterclaimed against Plaintiff, as guarantor, for the balance of the loan. The FDIC also filed a third-party complaint against Third-party Defendant, seeking indemnification and contribution and asserting a claim on the loan. After Third-party Defendant filed his answer, the FDIC requested summary judgment. Third-party Defendant moved to strike the complaint against him. Then Plaintiff entered bankruptcy proceedings and requested a stay; the lawsuit was dismissed without prejudice. The FDIC asked for a decision on its summary judgment motion. The court reinstated the third-party complaint, denied Third-party Defendant’s motion to strike, dismissed the claims for indemnity and contribution without prejudice, and granted the FDIC summary judgment. The FDIC moved to have Revolution Portfolio LLC (RP) substituted as the real party in interest, as the Bank’s assignee, and the court granted the request. Third-party Defendant objected to the substitution and also moved for relief from the summary judgment order. The motion was denied. Third-party Defendant appealed to the United States Court of Appeals for the First Circuit.
- 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.