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Contracts Keyed to Summers
Hemlock Semiconductor Corp. v. Kyocera Corp.
Citation:747 Fed.Appx. 285
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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:
Kyocera Corporation (defendant) made solar panels, which required polysilicon in order to produce. Kyocera needed a steady supply of polysilicon, so it entered into four contracts with Hemlock Semiconductor Corporation (“Hemlock”) (defendant). The contracts contained “take-or-pay” provisions that required Kyocera to take a specified quantity of polysilicon each year. Even if Kyocera did not take the polysilicon in a given year, it would still have to pay full price for it. The contracts also included an acceleration provision, which stated that if Kyocera defaulted, then Hemlock could demand all remaining payments owed. Several years into the deal, the market price that Kyocera paid for polysilicon under its contract was much higher than the going rate. Kyocera sought to renegotiate the terms of its contracts, but Hemlock later insisted that Kyocera take or pay for the polysilicon at the original (albeit inflated) price. Hemlock sued Kyocera, seeking a declaratory judgment.
- 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.