Confirm favorite deletion?
Torts Keyed to Epstein
People Express Airlines, Inc. v. Consolidated Rail Corp
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:
A tank car was punctured during a “coupling” operation, which ignited in the freight yard of Consolidated Rail Corporation (Defendant). Consequently, the evacuation area included the North Terminal building of the Newark International Airport, where People’s Express Airline’s (Plaintiff) was based. Plaintiff’s employees were prohibited from using the terminal for twelve hours. Plaintiff contends that it suffered business-interruption losses as a result of the evacuation. Loses were incurred from canceled scheduled flights, lost reservations, and certain fixed operating expenses. No physical damage and no personal injury resulted from the fire. Plaintiff asserted that at least some of the defendants were aware form prior experiences that ethylene oxide is a highly volatile substance and that emergency response plans in case of an accident had been prepared. The trial court granted summary judgment for D. The Appellate Division reversed.
- 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.