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Civil Procedure Keyed to Erichson
Guggenheim Capital, LLC v. Birnbaum
Citation:513 B.R. 788 (Bankr. E.D.N.Y. 2014)
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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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- 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.
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- 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:
Guggenheim (Plaintiff) sued Birnbaum (Defendant) in district court for trademark infringement. The court issued a default judgment against Birnbaum. Birnbaum then commenced this action in bankruptcy court and filed a petition for relief. Guggenheim sought a determination that the debt arising from the prior district court judgment was enforceable. Guggenheim filed a motion for summary judgment, arguing that the district court’s judgment and fees order were entitled to preclusive effect under the doctrine of collateral estoppel.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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