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Contracts Keyed to Farnsworth
Koken v. Black & Veatch Construction, Inc.
Citation:426 F.3d 39
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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:
Black & Veatch Construction, Inc. (“B & V”) (co-plaintiff) was the general contractor for a construction project. As part of a torch-cutting operation for the project, a fire occurred. A fire blanket was used to protect the area beneath the welding. The blanket, however, caught fire and melted. B & V and the insurer of the construction project, Reliance Insurance Company (co-plaintiff), brought suit against Auburn Manufacturing, Inc. and Inpro, Inc., respectively the manufacturer and distributor of the fire blanket. B & V alleged that the fire blanket was unfit for its ordinary purpose.
- 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.