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Professional Responsibility Keyed to Hazard
Federal Deposit Insurance Corporation v. O’Melveny & Myers
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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:
The Federal Deposit Insurance Corporation (FDIC) (Plaintiff), as receiver for the failed savings and loan association American Diversified Savings Banks (ADSB), brought suit against the law firm of O’Melveny & Myers (Defendant) claiming professional negligence in connection with its legal advice and services to ADSB. During the period of Defendant’s ADSB representation, officers of ADSB were engaged in fraud and other internal wrongdoings. In its representation of ADSB as to a major real estate development, Defendant failed to communicate with ADSB’s accountants or chief financial officer or with federal or state regulators. The Plaintiff stepped in as conservator for ADSB, having come to the conclusion that ADSB was insolvent and had incurred substantial dissipation of its assets and earnings due to its violations of state and federal laws and regulations, and its unsound business practices. Then, the Plaintiff sued Defendant, charging it with professional negligence, negligent misrepresentation, and breach of fiduciary duty. The Defendant argued that it owed no duty to ADSB to ferret out ADSB’s own fraud. The federal district court agreed and granted the Defendant’s motion for summary judgment. The Plaintiff 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.