Contracts Keyed to Blum
Lucht’s Concrete Pumping, Inc. v. Horner
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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.
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- 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:
Horner was hired as an at-will employee for Lucht’s Concrete Pumping, Inc. (Lucht) and signed a non-compete agreement that prevented Horner from soliciting employees and customers from Lucht’s for 12 months after leaving employment with the company. Horner resigned a year later and began working for Everist Materials, LLC (Everist), a competitor of Lucht’s that shared many customers. Lucht sued Horner for breaching the non-compete agreement and Horner filed a motion for summary judgment claiming that there was not sufficient consideration to support the non-compete agreement. The trial court granted summary judgment to Horner and the appellate affirmed. Lucht appealed.
- 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.