Torts Keyed to Franklin
Metro-North Commuter Railroad Company v. Buckley
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- 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.
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- 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:
Plaintiff was employed by Defendant and was exposed to asbestos during that employment. Plaintiff did not show any physical signs of suffering from disease as a result of this exposure. After Plaintiff attended an asbestos awareness class, he brought suit against Defendant for negligent infliction of emotional distress and sought to recover damages for the cost of future medical checkups and emotional distress. The trial court dismissed the claims, finding that the Federal Employers’ Liability Act (FELA) did not allow recovery without physical impact. Plaintiff appealed, arguing that his physical impact with asbestos dust which accompanied his emotional distress was sufficient to meet the physical impact requirement in the statute. The court of appeals reversed and Defendant appealed. The U.S. Supreme Court granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.