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Civil Procedure Keyed to Glannon
Hardin v. Manitowoc-Forsythe Corp.
Citation:691 F.2d 449 (10th Cir. 1982)
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- 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.
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- 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:
Plaintiff filed a product liability action against two Defendants – (1) an entity that ordered crane involved in an accident from its parent corporation and (2) the maker of a jack. At the close of trial, the trial judge proposed instructing the jury to include various phantom parties in allocating fault. Plaintiff’s objection was overruled; the trial court concluded that the issue of fault of the phantom parties had been tried by consent and would be treated as if it had been raised by the pleadings under Federal Rule of Civil Procedure 15(b). The jury allocated fault among plaintiffs, defendants and several “phantom parties” who were not named as parties to the lawsuit.
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