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Securities Regulation Keyed to Coffee
Feder v. Frost
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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:
Feder (Plaintiff) is a shareholder of IVAX Corporation. Frost (Defendant) controls the firm Frost-Nevada Limited Partnership (FNLP) and is a statutory insider of IVAX. Frost is a controlling shareholder of North American Vaccine, Inc. (NAVI). Throughout late 1995 and early 1996, Frost and FNPL bought IVAX shares and NAVI sold IVAX shares. All sales and purchases by FLNP, Frost and IVAX can be matched to verify revenue and when matched, disclose considerable short –swing revenue. Even though the earnings accured to NAVO, Feder brought a legal action against Frost, arguing that the earnings were attributed to Frost/FNLP in a pro rata basis as a result of their rise in worth of their NAVI holdings. Frost/FNLP brought an FRCP 12 (b)(6) motion to dismiss, which was granted below.
- 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.