SmartBrief
Confirm favorite deletion?
Dispute Resolution Keyed to Goldberg, 7th Ed.
Folb v. Motion Picture Industry Pension & Health Plans
Citation:
16 F. Supp. 2d 1164 (1998)Facts
Scott Folb was employed by the Motion Picture Industry Pension & Health Plans and became Administrative Director in January 1996. After Folb took certain actions regarding an employee named Vivian Vasquez’s access to a new computer software system, Vasquez filed a sexual harassment complaint against him. Folb claims this complaint was merely a pretext for his termination, which he alleges was actually due to his whistleblowing activities regarding various improper practices by the Plans’ directors. Vasquez and the Plans attended a formal mediation with a neutral mediator to settle her potential claims, signing a confidentiality agreement. After the mediation, the parties continued negotiations and eventually settled. Folb sought to compel production of Vasquez’s mediation brief and related settlement communications, arguing that the Plans might have taken inconsistent positions regarding whether he had actually harassed Vasquez.
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.