SmartBrief
0
Confirm favorite deletion?
Conflict of Laws Keyed to Hay, 16th Ed.
Baker v. General Motors Corporation
Citation:
522 U.S. 222, 118 S. Ct. 657, 139 L. Ed. 2d 580 (1998)Facts
Ronald Elwell worked for General Motors from 1959 to 1989, spending fifteen years in the Engineering Analysis Group studying vehicle performance in product liability cases, particularly vehicular fires. After the employment relationship deteriorated, Elwell gave deposition testimony in a Georgia product liability case in May 1991 that contradicted his prior testimony as a GM in-house expert, stating GM’s pickup truck fuel system was inferior to competitors. In June 1991, Elwell sued GM in Michigan County Court for wrongful discharge while GM counterclaimed for breach of fiduciary duty. The parties settled in August 1992 with GM paying Elwell an undisclosed sum and the Michigan court entering a stipulated permanent injunction prohibiting Elwell from testifying without GM’s consent in any litigation involving GM as owner, seller, manufacturer, or designer, with an exception only for the pending Georgia case. Meanwhile, in September 1991, the Bakers had filed a wrongful-death action in Missouri against GM after Beverly Garner died in a vehicle fire involving a 1985 Chevrolet Blazer, alleging a faulty fuel pump caused the fatal engine fire.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.