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Contracts Keyed to Barnett
AT&T Mobility, LLC v. Concepcion
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*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:
After seeing an advertisement that offered free cellphones, Vincent and Liza Concepcion (Plaintiffs) bought cellphones and service from AT&T Mobility, LLC (Defendant). Plaintiffs were not charged for the cellphones, but they were charged $30.22 in sales tax. The service agreement contained an arbitration provision requiring all disputes between the parties to be resolved in arbitration and prohibiting class action arbitration. Also, the service agreement gave Defendant the right to make unilateral amendments to the agreement, and Defendant did make unilateral amendments. Plaintiffs sued Defendant in federal district court in the form of a putative class action, alleging that Defendant engaged in false advertising and fraud. Defendant filed a motion to compel arbitration based on the arbitration provision in the service agreement, which the federal district court denied. Based on a California Supreme Court case, the federal district court found that the arbitration provision was unconscionable. The federal district court further found that Defendant did not show that bilateral arbitration sufficiently replaced the deterrent effects of class actions. Defendant subsequently appealed to the Ninth Circuit Court of Appeals, which affirmed the federal district court’s ruling. The U.S. Supreme Court granted certiorari.
- 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.