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Business Organizations Keyed to Smith
Gibbs v. Breed, Abbott & Morgan
Citation:710 N.Y. S.2d 578 (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:
Gibbs and Sheehan were partners at Abbot & Morgan, in the trusts and estates department. Gibbs approached Sheehan about a new opportunity at a competing law firm. Both interviewed with the competing firm, eventually both accepting job offers. After telling the managing partner about the new opportunity, they sent a memo to the competing law firm detailing Abbot & Morgan’s client base and other information which they had acquired while working at Abbot & Morgan. After leaving, they actively recruited other attorneys to move to the competing firm. They also sued Abbot & Morgan for proceeds to which they believe they were entitled under the partnership agreement. Abbot & Morgan counter-claimed for an alleged breach of Gibbs and Sheehan’s fiduciary duty.
- 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.