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Civil Procedure Keyed to Erichson
Astro-Med, Inc. v. Nihon Kohden America, Inc.
Citation:591 F.3d 1 (1st Cir. 2009)
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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:
Astro-Med (Plaintiff) was a company in the life sciences equipment market. One of its employees, Kevin Plant, was hired away by a competitor, Nihon Kohden. Plant’s initial employee agreement with Astro-Med stated that Rhode Island would be the proper place for dispute resolution. Plant was later relocated to Florida. After Nihon Kohden hired Plant, Astro-Med brought suit against Plant and Nihon in federal district court in Rhode Island, alleging breach of contract and the misappropriation of trade secrets. Astro-Med contended that Nihon Kohden created unfair competition, which caused tortious interference and misappropriation of trade secrets. A jury entered a verdict in favor of Astro-Med. Nihon Kohden appealed, alleging that Rhode Island was not the proper venue for the litigation.
- 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.
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- 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.
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