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Torts Keyed to Epstein
Obsidian Finance Group, LLC v. Cox
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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:
Padrick (Plaintiff) became the bankruptcy trustee for Summit Accommodators, Inc, (Summit) which had misappropriated funds from its clients. Defendant was a blogger with a history of making false allegations and then demanding payment for a retraction. She wrote several posts regarding Padrick and his company, Obsidian Finance Group, LLC, (Obsidian) (Plaintiff) and their handling of the Summit bankruptcy. Defendant claimed that Plaintiffs were engaged in illegal activities and that Padrick had failed to pay Summit’s taxes. Plaintiffs sued Defendant for defamation. At trial, the suit was limited to Cox’s allegation of fact regarding the payment of Summit’s taxes. The court instructed the jury that Defendant’s knowledge of the falsity of her allegations and intent in publishing them were not relevant to liability. The jury was also not required to find actual damages as damages were presumed. The jury found for Plaintiffs, awarding Padrick $1.5 million and Obsidian $1 million in compensatory damages. Defendant appealed, arguing that Plaintiffs were required to prove fault and actual damages and that Plaintiffs were public officials for purposes of defamation liability.
- 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.