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Civil Procedure Keyed to Babcock
Krupski v. Costa Crociere S.p.A.
Citation:560 U.S. 538 (2010)
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- 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.
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- 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:
Plaintiff Krupski purchased a cruise ticket. On the front Costa Cruise was listed as the carrier, but on the back Costa Crociere was listed. When Plaintiff Krupski was injured on the cruise ship she brought suit against Costa Cruise for negligence on February 1, 2008. The statute of limitations expired three weeks after that. After the statute of limitations had run, Costa Cruise notified Plaintiff Krupski to Costa Crociere’s identity as the proper defendant multiple times. Costa Cruise then moved for summary judgement based on the grounds that it was not the proper defendant. Krupski cross-moved to amend her complaint to add Defendant Costa Crociere. The District Court denied Costa Cruise’s motion for summary judgement and granted Plaintiff Krupski’s motion for leave to amend. Both parties then agreed to remove Costa Cruise from the action and Plaintiff Krupski filed an amended complaint against Costa Crociere on July 11, 2008. Defendant Costa Crociere then filed a motion to dismiss based on the grounds that Plaintiff Krupski’s amended complaint did not relate back to the date of her original complaint and that the suit was moot because the statute of limitations had run, which was granted by the district court and affirmed by the appeals court for the Eleventh Circuit.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.