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Corporations Keyed to Klein
Eisenberg v. Flying Tiger Line, Inc
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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:
In July of 1969, Defendant, a Delaware corporation, organized a wholly owned subsidiary. In August that wholly subsidiary in turn organized its own wholly own Delaware subsidiary. The three corporations then reorganized and merged with the August subsidiary being the only surviving corporation. The stockholders approved of this organization in September 1969. Plaintiff asserts that this reorganization diluted his, and similar minority shareholders, voting rights. Plaintiff brought suit to enjoin the reorganization. Defendant had the suit removed to the District Court for the Eastern District of New York, and they asserted that under New York state law, shareholders with less than 5% share or $50,000 of stock who file derivative suits must post security to pay for the opposing legal expenses in the event of an unsuccessful suit. Plaintiff argued that his suit was not a derivative suit as contemplated by the statute, but rather a suit for personal damages.
- 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.