Professional Responsibility Keyed to Hazard
Brennan’s Inc. v. Brennan’s Restaurants, Inc.
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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.
- 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:
The Brennan family owned and closely held all the corporate parties. Wegmann jointly represented all the family businesses in a successful application for registration of three trademarks. Later, a dispute within the Brennan family was resolved by dividing the stock between two opposing groups. Brennan’s, Inc. (Plaintiff) went to one group, and Brennan’s Restaurants (Defendant) went to the other group. Wegmann chose to represent Brennan’s Restaurants (Defendant), and therefore cut his ties with Brennan’s Inc. (Plaintiff). This suit was filed aftr both groups claimed ownership of the registered trademarks. Wegmann retained Spring to assist him in the defense of Brennan’s Restaurants (Defendant). Brennan’s, Inc. (Plaintiff) moved to have both attorneys disqualified. The district court granted the motion, and this appeal followed.
- 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.