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Torts keyed to Best
Freeman v. Hoffman-La Roche, Inc.
Citation:260 Neb. 552, 618 N.W.2d 827 (2000)
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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:
Aimee Freeman went to the doctor on September 23, 1995 for treatment of chronic acne and was prescribed 20 milligrams daily of accutane by her doctor. She took the medication as prescribed from September 27, 1995 – October 2, 1995, and again from October 4, 1995 – November 20, 1995. Freeman now alleges that as a result of taking Accutane as prescribed, she developed multiple health problems, including ulcerative colitis, inflammatory polyarthritis, nodular episcleritis OS, and optic nerve head drusen. She now sues the manufacturer of Accutane to recover damages, alleging a design defect rendered the medication not reasonably safe.
- 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.