Confirm favorite deletion?
Secured Transactions Keyed to Lopucki
RFC Capital Corporation v. EarthLink, Inc.
Citation:55 UCC Rep. Serv. 2d 617 (Ohio App. 2004)
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:
RFC loaned $12 million to Internet Commerce & Communications, Inc. (ICC). To secure the loan, ICC granted RFC a security interest in all of ICC’s customer base. In late 2000, ICC was in financial trouble and agreed to sell the customer base to EarthLink. Cliff Bryant, EarthLink’s director of acquisitions asked if RFC knew of the proposed sale of the customer base and Hanson, ICC’s employee, assured him that RFC knew of the sale and had agreed to release the collateral. RFC drafted the Second Amendment to the Loan and Security Agreement to address the sale of the customer base. Neither ICC nor RFC informed EarthLink of the Second Amendment. Ultimately, only 25,144 former ICC customers paid EarthLink for service. Because EarthLink had paid for 40,000 customers, but only received 25,144 customers, EarthLink determined that it did not owe ICC any further payments.
- 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.