Commercial Law Keyed to Lopucki
Trimec, Inc. v. Zale Corporation
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. Review the Facts of this case here:
Aeroplex O’Hare was a joint venture between Trimec, Inc. and Aeroplex, at the time a subsidiary of Zale. Aeroplex O’Hare contracted with the City to operate three concessions at O’Hare International Airport. Aeroplex O’Hare would pay the City $14 million over the course of the five-year term. Zale guaranteed Aeroplex O’Hare’s obligation and O’Hare posted a $1 million performance bond guaranteed by the Federal Insurance Company, (FIC). After 2 years, Aeroplex O’Hare abandoned its operations. Trimec brought suit against Zale and Aeroplex for its lost capitalization funds and profits. Aeroplex and Zale filed a third-party complaint against the City. The City counterclaimed against Aeroplex, Trimec, Aeroplex O’Hare, Zale as a guarantor, and FIC as a surety. Trimec settled its lawsuit with Aeroplex and Zale. Zale filed for bankruptcy and all further proceedings against it, including this one were stayed. The City moved to have the stay lifted. Zale objected and moved to have the st ay extended to the other parties in this case. Zale, Aeroplex, and Trimec move to stay this proceeding pending resolution of the claim submitted by the City in Zale’s bankruptcy case. They argue that proceeding would be unethical, as it would bind Zale as a guarantor under the contract. The City argues that a stay against solvent parties is inconsistent with the statutory scheme established in the federal bankruptcy code, which limits the protection of the automatic stay to the bankrupt parties.
- 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.