SmartBrief
Confirm favorite deletion?
Business Associations Keyed to Coffee, 9th Ed.
Perpetual Real Estate Services, Inc. v. Michaelson Properties, Inc.
Citation:
974 F.2d 545 (1992)Facts
In 1981, Aaron Michaelson formed Michaelson Properties, Inc. (MPI) with initial paid-in capital of $1,000. MPI entered into two joint ventures with Perpetual Real Estate Services, Inc. (PRES) for condominium conversion projects. The first venture, Bethesda Apartment Associates (BAA), required each partner to contribute $100,000, with Michaelson personally guaranteeing certain obligations. The second venture, Arlington Apartment Associates (AAA), required each partner to contribute $50,000 and share pro rata in partnership liabilities. During 1985-1986, AAA distributed approximately $456,000 to each partner after determining sufficient assets remained to meet anticipated expenses. MPI distributed its profits to Michaelson. In 1987, condominium purchasers sued AAA for breach of warranty, and the case settled for $950,000. PRES paid the entire settlement and then sued MPI for indemnity and Michaelson personally, seeking to pierce MPI’s corporate veil.
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.