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Civil Procedure Keyed to Rowe
Lehman v. Revolution Portfolio LLC
Citation:166 F.3d 389 (1st Cir. 1999)
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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:
Lehman (Plaintiff) and Roffman (Third-party Defendant) were beneficial-interest holders in the Farm Street Trust. The Trust took out a $2.8 million loan from First Mutual Bank (Defendant) and defaulted. Third-party Defendant and Lehman had guaranteed the loan, and Lehman put up property as collateral. The bank foreclosed on the property, and later went bankrupt. Lehman sued the bank in district court, arguing that the bank had negligently made the loan based on Roffman’s fraud. After the bank went bankrupt, its insurer, the Federal Deposit Insurance Corporation (FDIC), removed the case to federal court and was substituted as the defendant. The FDIC also filed a third-party complaint against Roffman and impleaded him, seeking indemnification and contribution. After the third-party defendant filed his answer, the FDIC moved for summary judgment, which the district court granted. The third-party defendant appealed.
- 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.