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Civil Procedure Keyed to Erichson
Grable & Sons Metal Prods., Inc. v. Darue Engineering & Manufacturing
Citation:545 U.S. 308 (2005)
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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.
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- 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:
Grable (Plaintiff) became delinquent on its federal taxes, and was notified by the IRS of this by certified mail. To satisfy the unpaid taxes, the IRS seized a piece of Grable’s real property and sold it to Darue (Defendant) at an auction. Grable filed a quiet title action in state court, alleging that the federal tax statute required personal service of process. Darue removed the case to federal court, which held that it had subject matter jurisdiction over the case and declined to remand the case back to state court.
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