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Merola v. Exergen Corp.
Citation:668 N.E.2d 351 (1996)
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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.
- 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:
Exergen was formed in May, 1980, as a corporation in the business of developing and selling infrared heat detective devices. Pompei was the majority shareholder in the corporation as well as its president. The plaintiff began working for Exergen on a part-time basis while he was also employed full time by Analogic Corporation. The plaintiff was soon offered full-time employment with Exergen. The plaintiff resigned from Analogic and began working full time for Exergen. He also began purchasing shares in Exergen. The plaintiff was not, however, offered additional stock options after late 1983. The plaintiff alleged that the defendants breached their fiduciary duty for terminating the plaintiff’s employment with Exergen.
- 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.