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Health Law Keyed to Furrow
Berlin v. Sarah Bush Lincoln Health Center
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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:
Dr. Berlin (Plaintiff) was an employee at the Sarah Bush Lincoln Health Center (Defendant), a nonprofit corporation licensed to operate a hospital, pursuant to a written agreement. Prior to the expiration of his five-year contract, Plaintiff resigned and started working at a clinic nearby. Defendant sought a preliminary injunction to ban Plaintiff from practicing at the clinic, based on the restrictive covenant in the employment agreement. Plaintiff filed a complaint for declaratory judgment and a motion for summary judgment seeking to have the restrictive covenant contained in the employment agreement with Defendant declared unenforceable. The circuit court granted summary judgment, holding that Defendant, as a nonprofit corporation employing a doctor, was practicing medicine in violation of the prohibition on the corporate practice of medicine, and a divided appellate court affirmed. Defendant 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.
- 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.