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Contracts Keyed to Epstein
Drummond Coal Sales, Inc. v. Norfolk Southern Railway Company
Citation:3 F.4th 605 (2021)
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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:
Drummond entered into a contract with Norfolk Southern for guaranteed shipping services at fixed rates. The primary benefit of the Agreement to Drummond was that it could price a one-stop-shop contract because the shipping cost, previously unknown to Drummond, was not a known quantum. The Agreement did not prohibit Norfolk Southern from entering into or shipping coal under other third-party utility contracts. After Drummond and Norfolk Southern entered into the Agreement, the coal industry in the United States experienced significant change. From 2010 to 2014, Drummon did not ship any coal under the Agreement and paid Norfolk Southern the required shortfall fees. Then again in 2015 and 2016, Drummond did not ship any coal under the Agreement. In anticipation of Norfolk Southern’s next move, Drummond preemptively filed suit seeking a declaration of its rights and relief.
- 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.