SmartBrief
Confirm favorite deletion?
Business Organizations Keyed to Chasalow, 3rd Ed.
Eisenberg v. Flying Tiger Line, Inc.
Citation:
451 F.2d 267 (1971)Facts
Max Eisenberg owned shares in Flying Tiger Line, Inc., a Delaware corporation with its principal place of business in California. In 1969, Flying Tiger implemented a complex reorganization plan that involved creating a wholly owned Delaware subsidiary called Flying Tiger Corporation (FTC), which in turn created another subsidiary called FTL Air Freight Corporation. Flying Tiger then merged into FTL, with FTL as the surviving entity. FTL changed its name to “Flying Tiger Line, Inc.” and continued the business operations, while the original Flying Tiger shareholders received shares in FTC, the holding company. Eisenberg alleged this reorganization deprived minority shareholders of voting rights and influence over the operating company’s affairs. When he brought suit to enjoin the reorganization, Flying Tiger moved to require him to post security for costs under New York Business Corporation Law § 627, which applies to derivative actions. The district court granted the motion, requiring $35,000 security, and dismissed the case when Eisenberg failed to comply.
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.