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Torts Keyed to Prosser
Blankenship v. Cincinnati Milacron Chemicals, Inc
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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:
Plaintiffs, eight current or former employees of Cincinnati Milacron Chemicals, Inc., (Defendant) brought an action against Defendant, alleging that as a result of failing to warn of, report, and correct hazardous conditions in their work environment, they had been exposed to “to fumes of certain chemicals” which “rendered them sick, poisoned, and permanently disabled.” The Plaintiffs also allege that the Defendant’s “omissions were intentional, malicious, and in willful and wanton disregard of the duty to protect the health of employees.” The trial court dismissed on the ground that the action was barred by a relevant section of the Ohio Constitution and the Ohio Workers’ Compensation Act, which offered an employer and his employees total immunity from civil suit. Plaintiffs appealed and the court of appeals affirmed the lower court ruling.
- 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.