SmartBrief
Confirm favorite deletion?
Bankruptcy Keyed to Levitan, 3rd Ed.
In re SGL Carbon Corp.
Citation:
200 F.3d 154 (1999)Facts
SGL Carbon Corporation, a manufacturer of graphite electrodes, was facing antitrust litigation stemming from alleged price-fixing. In 1997, the U.S. Department of Justice began investigating SGL Carbon and other manufacturers, leading to numerous civil antitrust lawsuits by steel producers. In June 1998, SGL Carbon’s German parent company, SGL AG, recorded a $240 million reserve as its “best estimate” of potential antitrust liability. On December 16, 1998, SGL Carbon filed for Chapter 11 bankruptcy. The next day, the company issued a press release stating it filed to protect itself against “excessive demands” in the antitrust litigation, with its president declaring that “SGL Carbon Corporation is financially healthy” and would not have filed “if we did not face [antitrust] claims for such excessive amounts.” The company’s proposed reorganization plan would require only antitrust plaintiffs to accept less than full payment, receiving purchase credits instead of cash.
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.
- 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.