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Torts Keyed to Prosser
Joe Dickerson & Associates, LLC v. Dittmar
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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.
- 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:
Defendant Joe Dickerson & Associates LLC (and individually Joe Dickerson) was hired to investigate Plaintiff Dittmar during a custody dispute. During the course of his investigation, Defendant noticed impropriety related to Plaintiff’s bearer bonds, so he reported the same to the authorities and Plaintiff was convicted of felony theft of the bonds. Defendant published a newsletter called “The Dickerson Report” which was sent to various law enforcement agencies and law firms containing articles about fraud investigations, tips for avoiding fraud, information about upcoming conferences, etc. In a certain article, Defendant discussed Plaintiff’s case as one where 100% recovery of the value of the stolen assets was obtained. The article mentioned Plaintiff by name and included her photograph in the article on the front page of the newsletter. Plaintiff sued Defendant on various theories, including invasion of privacy by appropriation of another’s name or likeness, as well as defamation and outrageous conduct. The trial court granted summary judgment to Defendant on all claims, and rejected the appropriation claim because Colorado did not explicitly recognize the claim, and even assuming that it was recognized, no evidence was provided that Plaintiff’s name or likeness had any value. The court of appeals affirmed that the plaintiff must prove her likeness had value to prevail on the appropriation claim.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.