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Securities Regulation Keyed to Coffee
Hertzberg v. Dignity Partners, 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:
Dignity Partners, Inc. (Defendant) issued a registration statement for a preliminary public offering of Dignity common stock. Dignity would purchase the rights to life insurance profits from persons with AIDS, accepting responsibility for payment of premiums and also paying a lump sum up front. Just after the offering, AIDS patients’ life expectancy extended as a result of new AIDS treatments. Because of these new treatments, Dignitysuffered enormous losses and the stock plunged. Hertzberg (Plaintiff), who bought Dignity stock on the open market over 25 days following the IPO but prior to the extended life expectancy of AIDS patients or huge losses to Dignity became public, filed a class action contending § 11 violations.
- 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.