SmartBrief
Confirm favorite deletion?
Admiralty Law Keyed to Maraist
Louisiana ex rel. Guste v. M/V. Testbank
Citation:
752 F.2d 1019 (1985)Facts
On July 22, 1980, the M/V Sea Daniel and M/V Testbank collided at approximately mile forty-one of the Mississippi River Gulf Outlet. The collision caused containers aboard the Testbank to be damaged and lost overboard, releasing approximately twelve tons of pentachlorophenol (PCP) into the water, creating the largest such spill in United States history. The United States Coast Guard closed the outlet to navigation until August 10, 1980, and all fishing, shrimping, and related activities were temporarily suspended in the outlet and four hundred square miles of surrounding marsh and waterways. Forty-one lawsuits were filed by various parties including shipping interests, marina operators, seafood businesses, restaurants, and recreational fishermen, all claiming economic losses due to the closure. The district court granted summary judgment dismissing all claims for economic losses unaccompanied by physical damage to property, except those of commercial fishermen who were making commercial use of the embargoed waters.
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.