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Bell Atlantic Corp. v. Bolger
Citation:2 F.3d 1304 (1993)
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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 Pennsylvania Attorney General sued Bell Atlantic alleging it had defrauded consumers. After some initial skirmishing, Bell Atlantic settled the matter, paying $40 million in customer rebates, making contributions to a consumer education trust, and reimbursing the legal costs of the Attorney General. The plaintiff alleged that the misconduct prompting the state’s successful action was the result of mismanagement and a breach of the directors’ fiduciary duties to the corporation. Bell Atlantic’s board appointed a special litigation committee that opined that the suit was not in the Bell Atlantic’s best interests. The suit was ultimately settled on the eve of the trial; the proposed settlement required Bell Atlantic to establish and follow new procedures to monitor sales and marketing programs and to pay plaintiff’s counsel fees in an amount not to exceed $450,000. Seymour Lazar, a Bell Atlantic shareholder, objected to the settlement.
- 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.