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Civil Procedure Keyed to Hazard
Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach
Citation:523 U.S. 26, 118 S.Ct. 956, 140 L.Ed.2d 62 (1998)
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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:
Lexecon, Inc. (Petitioner) brought this lawsuit under diversity jurisdiction in Illinois against the law firms Milberg, Weiss, Bershad, Hynes & Lerach, and Cotchett, Illston & Pitre (Respondents) for malicious prosecution in a previous lawsuit. Respondents filed a motion to transfer the case under 28 U.S.C. § 1407(a) to Arizona, to be consolidated with the previous lawsuit. The Judicial Panel on Multidistrict Litigation granted the transfer. At the end of the pretrial proceedings, Petitioner moved to have the case remanded to Illinois. Respondents argued against remand and requested the Arizona court transfer the case for trial to itself under 28 U.S.C. § 1404(a).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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