Confirm favorite deletion?
Securities Regulation Keyed to Coffee
GAF Corp. v. Milstein
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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 Milstein family acquired 10.25% of GAF convertible preferred stock through a merger but failed to report it under S 13(d), which necessitates that people owning 10% or more of a particular stock to register with the SEC and the exchanges. §13(d) was created to give investors pertinent information about takeover attempts and mergers. GAF claimed §13(d) was violated, stating that the Milsteins were attempting to takeover GAF, and that Rule 10-b was also violated, claiming that the Milsteins were devaluing its stock and criticizing its directors, and so brought suit against the Milsteins. The statement the Milsteins filed contained false information. Although the Milsteins claimed they did not plan on taking over GAF they tried to remove the old board at a shareholders meeting and continued to buy common stock. GAF requested an injunction inhibiting them from buying further stock and from voting their stock. The court ruled in favor of the Milsteins stating that individually none of them owned 10% of any class of stock.
- 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.