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Torts Keyed to Dobbs
McCarthy v. Olin 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 December 1993, Colin Ferguson boarded a Long Island Railroad commuter train during evening rush hour and opened fire on several passengers, killing six and wounding nineteen. The bullets used in the shooting, 9mm “Black Talons”, were designed by their manufacturer, Olin Corporation, to enhance the injuries of their victims. The bullets performed as designed, that is, they bent upon impact into “six ninety-degree angle razor-sharp petals” that tear through tissue and bone thus increasing the severity of the victims’ injuries. Plaintiffs brought an action against Defendant, alleging strict liability and negligence. The lower court ultimately dismissed appellants’ complaint for failure to state a claim upon which relief could be granted. With specific regard to Plaintiff’s action for negligent marketing and manufacture, the appeals court affirmed the lower court’s dismissal because Defendant did not have a legal duty to control the distribution of the ammunition nor did it owe a legal duty to appellants to protect against an assailant’s horrible action. Plaintiffs 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.