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Schnabel v Trilegiant Corporation
Citation:697 F.3d 110 (2nd Cir. 2012)
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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.
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- 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:
Plaintiffs enrolled in Defendant’s online program called “Great Fun” that offers goods and services at a discount. Plaintiffs clicked on the “cash back” button on merchants’ websites after buying goods from those merchants. Plaintiffs allegedly thought they were getting a discount on the current purchase and did not realize they were enrolling in a discount program that required a monthly fee. Plaintiffs allegedly did not know that the discount program was operated by a party other than the merchant they bought the goods from.
Plaintiffs had no idea of Defendant’s standard terms because they did not click on any links that would have revealed the terms to them. Plaintiffs also claimed not to have received or read the email from Defendant. Also, Plaintiffs did not pay attention to their credit card bills because it took them a while to realize they were paying a $14.99 monthly membership. After discovering they had been paying the monthly memberships, Plaintiffs filed suit.
- 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.