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Business Organizations Keyed to Sjostrom
Marchand v. Barnhill
Citation:212 A.3d 805 (Del. 2019)
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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:
Blue Bell Creameris USA, Inc. suffered a listeria outbreak in early 2015, causing the company to recall all of its products, shut down plants, and lay off over a third of its employees. After Blue Bell’s full product recall, the FDA inspected each of the company’s three plants. Each was found to have major deficiencies. The FDA found a failure to manufacture foods under conditions and controls necessary to minimize the potential for growth of microorganisms, to maintain buildings in repair sufficient to prevent food from coming adulterated and to prevent condensation from occurring. Blue Bell’s failure to contain listeria’s spread in its manufacturing plants caused listeria to be present in its products, which caused death of three people. Stockholders suffered losses and brought a derivative suit against the executives and directors of Blue Bell.
- 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.