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Business Entities Keyed to Chiappinelli
DeJesus v. Bertsch, Inc.
Citation:898 F. Supp. 2d 353 (D. Mass. 2012)
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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:
DeJesus and Cartagena allege that DeJesus suffered serious personal injuries resulting from the dangerous and defective condition of a roll-pinch machine manufactured by Bertsch. The machine that injured DeJesus was a plate-bending roller, manufactured by Bertsch and sold to Cambridge Corporation of Lowell. Park and Bertsch agreed to Bertsch’s liquidation through a bankruptcy protection plan and proceed according to the terms of an asset purchase agreement. Bertsch ceased operations the day the bankruptcy was final. No ownership interests or stock were exchanged in the transaction between Bertsch and Park. None of the directors of Bertsch became directors or officers of Park. After the transaction, Park held itself out to customers as Bertsch in its written advertisements, noting that Bertsch now is a division of Park Corporation.
- 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:
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