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Securities Regulation Keyed to Coffee
Harris v. Ivax Corp
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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:
In early August, Ivax Corp. issued a press release that mirrored optimism about the future while also recognizing business problems. On September 30, the final day of the quarter, in a press release Ivax broadcast that it anticipated a $43 billion loss. This press release included a list of elements that related to Ivax business affecting third quarter outcomes. The statement included forward looking statements and also factual ones. In early Novemeber, Ivax broadcast a multi-million dollar loss in the third quarter, over one hundred million of which was a decrease in the carrying value of the goodwill attributed to specific Ivax businesses. Neither of the previous press releases cited the probability of a goodwill meltdown. The price of Ivax stock plunged. Investors (Plaintiff) brought suit claiming Ivax press releases included deceitful statements. Investors representative of a class of recent buyers of Ivax stock sued for fraud and negligent misrepresentation. The district court dismissed the complaint.
- 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.