Confirm favorite deletion?
Contracts Keyed to Summers
Nicosia v. Amazon.com, Inc.
Citation:834 F.3d 220
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. Review the Facts of this case here:
Dean Nicosia (plaintiff) purchased 1 Day Diet Best Slimming Capsule 60 Pills “1 Day Diet” from Amazon.com, Inc.’s (“Amazon”) (defendant) website. 1 Day Diet was a weight loss drug that contained an ingredient, Sibutramine, that was withdrawn from the market by the Food and Drug Administration. At the time of his purchase, Nicosia did not know 1 Day Diet contained Sibutramine. Amazon has since stopped selling 1 Day Diet, but it never notified Nicosia that his purchase contained Sibutramine nor did it refund his purchase. Nicosia sued Amazon, asserting claims under the Consumer Product Safety Act. Amazon argued that Nicosia was bound by a mandatory arbitration provision to arbitrate his claims.
- 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.