Confirm favorite deletion?
Civil Procedure Keyed to Subrin
In the Matter of Rhone-Poulenc Rorer, Inc
Facts
Plaintiffs were hemophiliacs or the heirs to now-deceased hemophiliacs who contracted AIDS from blood transfusions. Defendants are drug companies that make the blood solids that were allegedly contaminated with the HIV virus. By the time of this suit, it has been over ten years that the medical community has been using heat-treated blood solids. There have also been 13 cases between similar plaintiffs and Defendants, and Defendants have won 12 times. Because the damages would be great for each Plaintiff that was successful, Defendant is now petitioning for mandamus relief for the class certification granted by the district court judge. Although Defendants have been successful 12 of 13 times, the threat that a class certification consolidating 300 lawsuits and 400 Plaintiffs could set Defendants up for such a large amount of losses and potential bankruptcy led Defendants to the current petition.
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.
- 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.