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Civil Procedure Keyed to Yeazell
Zubulake v. UBS Warburg LLP
Citation:220 F.R.D. 212 (S.D.N.Y. 2003)
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- 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:
Plaintiff was hired in 1999 as a senior salesperson for Defendant. Plaintiff was passed over for a promotion, and the person who ended up with the job proceeded to harass Plaintiff. Plaintiff filed a charge of gender discrimination with the EEOC, and she was fired shortly thereafter. Plaintiff sued Defendant for gender discrimination, failure to promote, and retaliation. In response to Plaintiff‘s claim that all her allegations could be proven by email correspondence sent to Defendant‘s employees, the judge ordered the parties to share the costs of restoring Defendant‘s backup tapes containing the emails. Defendant accordingly ordered its employees to preserve information stored on backup tapes. However, several backup tapes were discovered to be missing. Plaintiff moved for sanctions against Defendant for failure to preserve the missing tapes, and the emails contained on those tapes, in federal district court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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