Confirm favorite deletion?
Civil Procedure Keyed to Erichson
Husain v. Olympic Airways
Citation:316 F.3d 829 (9th Cir. 2002), aff'd, 540 U.S. 644 (2004)
Husain (Plaintiff) sued Olympic Airways (Defendant) after her husband died on a flight. His death occurred after he was exposed to ambient second-hand smoke while seated in the airplane’s smoking section, and the flight attendants ignored his wife’s requests to move him to a different seat. Then, he suffered a severe asthma attack and died. After a non-jury trial, the district court determined that the death was caused by an accident. The court also found that the accident resulted from willful misconduct by Olympic’s employees, and awarded damages to Husain. Olympic appealed the court’s findings of fact.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.