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Business Organizations Keyed to Sjostrom
Touch of Italy Salumeria & Pasticceria, LLC v. Bascio
Citation:
2014 WL 108895 (Del. Ch. 2014)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*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:
In February 2009, Robert Ciprietti, Diane, Frank and Louis Bascio entered into an LLC agreement to establish Touch of Italy. Ciprietti provided $100,000 in initial capital, while Louis provided labor and goodwill. In March 2011, Ciprietti, Louis and Joseph entered into an LLC agreement of Touch of Italy. Both Ciprietti and Louis held a one-third interest int he LLC. On October 2012, Louis notified the members that he would withdraw from the LLC. He promised that he would not take any action that would be adverse to the Touch of Italy business. Specifically, he stated that he would not open any competing business in Rehoboth Beach, Delaware. In February, 2013, Louis and Frank formed Bascio Bros., which opened an Italian grocery that the defendants continue to operate. The restaurant is located on the same block in Rehoboth Beach as Touch of Italy.
- 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.
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