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Torts Keyed to Prosser
Adler, Barish, Daniels, Levin and Creskoff v. Epstein
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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:
The Plaintiff is a law firm. The Defendants were salaried associates of the Plaintiff. The Defendants decided to leave the Plaintiff’s employ and start their own firm. The Defendants met personally with clients whose cases they worked on while in the Plaintiff’s employ. The Defendants told the clients they were leaving the firm and invited them to break their contracts with the Plaintiff and have the Defendants be their attorneys instead. The Defendants also sent a mass mailer out to all the Plaintiff’s current clients that the Defendants had worked for. The mailer included a form to fill out that would break their contract with the Plaintiff and a retention agreement for Defendants’ new firm. The Defendants also took out a $150,000 line of credit at a bank. As security, they listed the value of the work they were doing for the clients as attorneys in Plaintiff’s employ at $500,000. The Plaintiff sued for an injunction, preventing the Defendants from contacting the clients and soliciting them to hire the Defendants’ new firm. The trial court granted the injunction. The Court of Appeals reversed. The Plaintiff appealed to the Supreme Court of Pennsylvania.
- 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.