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Business Organizations Keyed to Sjostrom
William Penn Partnership v. Saliba
Citation:13 A.3d 749 (Del. 2011)
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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:
Anis K. Saliba is a retired surgeon who, in his capacity as trustee of the Revocable Trust Agreement of Anis K. Saliba, owned a one-sixth interest in Del Bay Associates, LLC. Rosa Ksebe is a trustee of the Revocable Trust Agreement of Kamal Ksebe, her deceased husband. Ksebe also owned a one-sixth interest in Del Bay. Del Bay was originally formed in 1986 to construct a motel on land contributed to Del Bay by Ksebe’s now deceased husband. Del Bay also received capital contributions from the William Penn Partnership, Hoyt, and Saliba. The parties divided Del Bay ownership interests. Del Bay converted to a Delaware LLC. The ownership interests of the members remained the same. The operating agreement does not expressly eliminate any fiduciary duties. The Lingos have remained the managers at all relevant times. The Lingos decided to end their business relationship with Saliba and Ksebe. The Lingos offered to sell the motel to JGT. The Lingos told the JGT board that they had decided to pay $ million for the property. On June 10, 2003, the Lingos convinced Hoyt to sign the contract immediately. Hoyt signed the contract. Neither of them contacted Saliba and Ksebe at that time to give them the opportunity to match or exceed the Lingos’ offer.
- 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.