SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Marcus
Swierkiewicz v. Sorema N.A
Citation:
534 U.S. 506 (2002)Facts
Akos Swierkiewicz, a 53-year-old Hungarian native, began working for Sorema N.A. in April 1989 as a senior vice president and chief underwriting officer. Nearly six years later, François Chavel, Sorema’s CEO, demoted Swierkiewicz and transferred most of his responsibilities to Nicholas Papadopoulo, a 32-year-old French national. About a year later, Chavel stated he wanted to “energize” the underwriting department and appointed Papadopoulo as chief underwriting officer, despite Papadopoulo having only one year of underwriting experience compared to Swierkiewicz’s 26 years in the insurance industry. Following his demotion, Swierkiewicz claimed he was isolated, excluded from business decisions and meetings, and denied opportunities. After unsuccessfully attempting to meet with Chavel, Swierkiewicz sent a memo outlining his grievances and requesting a severance package. Two weeks later, he was presented with two options: resign without a severance package or be dismissed. When he refused to resign, he was fired.
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.
9m 26s
