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Business Entities Keyed to Chiappinelli
Barrett v. Jones, Funderburg, Sessums, Peterson & Lee, LLC
Citation:27 So.3d 363 (Miss. 2010)
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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:
On March 28, 2007, the Jones Firm filed a complaint, alleging that the parties had executed the SKG joint venture agreement in November 2005. In the complaint, the Jones Firm alleged that SKG’s settlement with State Farm Insurance Company had yielded $26,500,000 in attorneys’ fees. The Jones Firm claimed that, despite its performance of the bulk of SKG’s most difficult discovery and trial work, Richard Scruggs and Don Barrett had conspired to set the Jones Firm’s fee allocation at one million dollars, an unacceptably low percentage. Further, upon its refusal of the unfair fee allocation, the other four members of SKG voted to remove it from the joint venture and tendered a check for three percent of the net fees, which the Jones Firm refused. Based upon this conduct, the Jones Firm asserted claims against the co-venturers, and Richard Scruggs and Don Barrett for breach of contract, tortious bad-faith breach of contract, breach of fiduciary duties to name a few.
- 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.