Home: Civil Procedure Case Briefs

A.F.A. Tours v. Whitchurch, 937 F.2d 82 (2d Cir. 1991) Prepared by Dirk Facts: AFA is suing its former employee, Whitchurch, of 17 years for...

Adickes v. S.H. Kress & Co., 398 U.S. 1944 (1970). Facts: Plaintiff, a teacher, went to Defendant’s restaurant with 6 of her African-American...

Ahearn v. Scholz 85 F.3d 774 (1996) Rule of Law: An appellate court will reverse a denial of a motion for new trial if the verdict was against...

Alderman v. Baltimore & Ohio R. CO. 113 F. Supp. 881 (1953) Prepared by Dirk Facts: -Plaintiff, Alderman, was injured by the derailment...

Aldinger v. Howard, 427 U.S. 1 (1976). Prepared by Dirk -Distinguished Gibbs: In Gibbs, pendent jurisdiction was possible because the...

1. Alexander v. Goldome Credit Corp, 772 F. Supp. 1217 (M.D. Ala. 1991); pg. 61 supp., briefed 2/12/96 Prepared by Roger Martin...

Alexander v. Kramer Bros. Freight Lines 273 F.2d 373 US Court of Appeals 2nd Circuit (1959) Prepared by Dirk Facts: -Alexander...

Allen v. McCurry 449 U.S. 90 (1980) Facts McCurry was arrested with possession of heroin. Although the judge excluded evidence found in drawers...

Procedural History: A group of plaintiffs and group of defendants move to certify a class for the purpose of settlement. The class is certified by...

Amchem Products, Inc. v. Windsor Procedure: Review of the appellate court's decision to reverse the district court's certification of a...

1. American Airlines v. Ulen, 186 F.2d 529 (1949); pg. 101, briefed 10/5/95 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: Ulen...

1. American Hospital Supply Corp. v. Hospital Products, Ltd., (1986); pg. 110, briefed 10/10/95 Prepared by Roger Martin...

1. American Mach. & Metals, Inc. v. De Bothezat Impeller Co., (1948); pg. 168, briefed 10/29/95 Prepared by Roger Martin...

Anderson v. Liberty Lobby, Inc. 477 U.S. 242 (1986) Facts A publisher and magazine published an article protraing the respondents as racists. ...

Apex Hosiery Co. v. Leader Prepared by Candice Facts: In this case, the ∆s appeal that the discovery methods used by the ∏ are improper, and...

1. Asahi Metal Industry Co. v. Superior Court, (1987); pg. 1001, briefed 3/31/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Asahi Metal Industry v. Superior Court Facts: Motorcycle accident because of supposedly defective parts. Surcher sues Cheng Shin and Cheng Shin...

Procedural History: Zurcher (P, CA) is in a motorcycle accident, injuries ensue, wife is killed and he blames product defect. Zurcher sues tire...

Asahi v. Superior Court US Supreme Court 1987 Prepared by Dirk Facts: -Zurcher, a CA citizen, was severely injured and his wife was...

Procedural History: Plaintiff files lawsuit alleging unconstitutional arrest and imprisonment. Defendants move to dismiss on 12(b)(6) and district...

Balcon v. Sadler NC Court of appeals 1978 Prepared by Dirk Facts: -Plaintiff, a corporation incorporated and doing business in Maryland,...

Bates v. C&S Adjusters, Inc US Court of Appeals for the 2nd Circuit, 1992 Prepared by Dirk Facts: -Bates incurred a debt while in the...

Beeck v. Aquaslide ‘N’ Dive Corp. Prepared by Candice Facts: In this case Beeck was injured on a water slide and he claims that it was due...

Procedural History: Plaintiff sues for waterslide injury. Defendant admits it was their waterslide based on examinations by insurance company, but...

Beeck v. Aquaslide ‘N’ Dive Corp. PROCEDURE: Dist. ct. issued summ. judg. for D, P appeals. Past statute of limitations, P can’t FACTS: P...

Procedural History: Plaintiff files lawsuit alleging that telephone companies violated antitrust law by agreeing to stay out of each other’s markets....

1. Bell v. Hood, (1946); pg. 829, briefed 1/24/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Hood alleges that FBI...

Procedural History: Originally filed in state court and moved to federal court (1441 and 1446). Defendants moved to dismiss case for failure to state...

Bell v. Novick Transfer Co. Prepared by Candice Facts: In this case, the ∏ an infant, was injured in an automobile accident with a tractor. ...

Bellino v. Simon 1999 Prepared by Dirk Facts: - A sports memorabilia dealer sued two defendants who he claimed hurt his sales of...

1. Bernhard v. Bank of America National Trust & Savings Ass’n, (1942); pg. 1142, briefed 4/28/96 Prepared by Roger Martin...

1. Bernhardt v. Polygraphic Co. of Am., (1956); pg. 237, briefed 11/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Bias v. Advantage International, Inc., 905 F.2d 1558 (D.C. Cir. 1990) Prepared by Candice Facts: Bias, a star basketball player, entered into a...

1. Blair v. Durham, (1943); pg. 63, briefed 9/19/95 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: Durham was a stenographer...

1. Blonder Tongue Labs v. Univ. of Illinois Foundation, (1971); pg. 1147, briefed 4/28/96 Prepared by Roger Martin...

Bonnerb v. Richard J. Caron Foundation FACTS: P was injured when slipped and fell playing Bball on D’s bball ct. w/in residential drug and...

Borough of West Mifflin v. Lancaster US Court of Appeals for the Third Circuit, 1995 Prepared by Dirk Facts: -Two men, Lindsey and...

1. Brandenberg v. El Al Israel Airlines, (1978); pg. 73, briefed 9/26/95 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts:...

Bridgeport Music, Inc. v. 11C Music Prepared by Candice Facts: P sued over 770 music/entertainment co, Ds allege they were not properly...

Procedural History: Plaintiffs files action in federal court alleging violation of ADA because he was fired for his disability; court dismisses for...

Bridges v. Diesel Service, Inc. Prepared by Candice Facts: In this case, the ∏ commenced action under the Americans with Disabilities Act...

Bryant v. Dougherty Supreme Court of NC Prepared by Dirk Facts: -Bryant, plaintiff, was injured while working at West End Table Company....

Buckhannon Board and Care Home v. WV Department of Health and Human Resources Prepared by Candice Facts: Buckhannon (petitioner) is an old...

1. Burger King Corp. v. Rudzewicz, (1985); pg. 997, briefed 3/27/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Burger King v. Rudzewicz Facts: Rudz is from MI, and he opens a Burger King franchise there. Burger King has regional office in MI and...

Burger King v. Rudzewicz Supreme Court of the US 1985 Prepared by Dirk Facts: -Burger King, located and headquartered in Miami, sold a franchise...

Procedural History: Burger King (FL with franchises and regional offices all over) sues former franchiser (Rudzewicz, MI) in Florida federal court...

1. Burlington Northern RR v. Woods, (1987); pg. 263, briefed 1/17/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Burnham v. Superior Court Facts: ∏= wife; ∆= husband, and they are residents of NJ. They decide to separate, and ∏ takes the kids to CA. ∆...

1. Burnham v. Superior Court, (1990); pg. 71 Supp., briefed 3/31/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Burnham v. Superior Court US Supreme Court 1990 Prepared by Dirk Facts: - Burnham and his wife, both NJ citizens decided to...

Procedural History: Mrs. Burnham (now a resident of CA) files for divorce in California for irreconcilable differences. Mr. Burnham (NJ resident)...

Butler v. Rigby Prepared by Candice Facts: There was an automobile accident and the ∏s received medical treatment. ∆ served the medical...

1. Byrd v. Blue Ridge Rural Elec. Coop., (1958); pg. 242, briefed 11/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Byrd v. Blue Ridge Rural Electric Cooperative Prepared by Candice Facts: Plaintiff brings suit in federal court based on diversity for...

Calder v. Jones 465 U.S. 783, 104 S.Ct.1482, 79 L.Ed.2d 804 (1984) Plaintiff/Respondent: Shirley Jones Defendant/Petitioner: Calder Rule of...

1. Cambria v. Jeffery, (1940); pg. 1116, briefed 4/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Auto accident....

1. Campbell v. Murdock, (1950); pg. 906, briefed 2/23/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: π is a...

1. Carnegie-Mellon Univ. v. Cohill, (1988); pg. 60 supp., briefed 2/12/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Carnival Cruise Lines v. Shute Facts: ∏ (from WA) gets hurt by falling on a cruise ship. ∏ brings suit in WA, and the cruise line (∆--from FL)...

Procedural History: Shutes sue Carnival for injury claim in Washington. Carnival appeals PJ saying that suit could only be brought in Florida due to...

Carter v. Hinkle, 52 S.E. 2d 135 (Va. 1949) Facts: Hinkle, plaintiff, was driving his taxi when he got into a collission with a vehicle being...

Case v. State Farm Mutual Automobile Insurance Co. 294 F.2d 676 US Court of appeals, 5th circuit (1961) Prepared by Dirk Facts: -Case,...

Style of Case Castano v. American Tobacco Co. United States Court of Appeals, Fifth Circuit, 1996. Procedural History Trial court ruled for Δ...

Procedural History: Plaintiff (injured party - KY) sues defendant (Caterpillar – DE/IL) in KY state court along with co-defendant Whayne (KY)....

Caterpillar v. Lewis Facts: Lewis (KY) sued Caterpillar (DE and IL) and Whayne (KY). None of the claims arose under federal law. Lewis’...

Catrett v. Johns-Manville Sales Corp. 826 F.2d 33 (D.C. Cir. 1987) Facts See Celotex Corp. v. Catrett Procedural History Remanded from...

Celotex Corp. v. Catrett Prepared by Candice Facts: Mrs. sued Celotrex for negligence, breach of warranty, and strict liability alleging...

Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry Prepared by Candice Facts: 27 people employed by the trucking company were part of...

Christian v. Mattell, Inc. Prepared by Candice Facts: ∏ created and marketed a doll and got a copyright on the doll. Mattel created a...

Cine Forty-Second Street Theatre Corp. v. Allied Artists Pictures Corp 602 F.2d 1062 (1979) Rule of Law: Rule 37: Negligent wrongs are fit for...

Style of Case Clark v. Associates Commercial Corp., United States District Court, District of Kansas, 1993. Facts Π suffered a broken leg...

1. Clearfield Trust v. United States, (1943); pg. 267, briefed 1/17/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Coastal Video v. The Staywell Corporation Facts: ∏ is Coastal Videa, VA corp., and ∆ is Krames (Staywell) a DW corp with principal place of...

1. Coleman v. Frierson, (1985); pg. 51, briefed 9/11/95 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: In 1982 Coleman sued...

1. Colgrove v. Batten, (1973); pg. 118, briefed 10/12/95 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: A civil action was...

1. Commercial Box & Lumber Co. v. Uniroyal, Inc., (1980); pg. 1088, briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Commissioner of Internal Revenue v. Sunnen 333 U.S. 591 (1948) Facts Sunnen gifted to his wife patent license contracts during the years...

Procedural History: Plaintiff seeks certification of class action for all females in MHSAA schools (present and future) who are adversely affected by...

1. Conley v. Gibson, (1957); pg. 39, briefed 9/7/95 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: Black members of the...

1. Connecticut v. Doehr, (1991); pg. 97 Supp., briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Connecticut v. Doehr Supreme Court of the USA 1991 Prepared by Dirk Facts & Procedure: ...

Consumers Union of the US v. Consumer Product Safety Commission 590 F.2d 12009 (D.C. Cir. 1978) Facts Appellants brought a FOIA claim against...

1. Cook Associates v. Lexington United Corp., (1981); pg. 950, briefed 3/17/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Cunningham v. Hamilton County, 527 U.S. 198 (1999). Facts: Teresa Cunningham represented plaintiff in a lawsuit against the County for the...

1. D.H. Overmeyer v. Frick, (1972); pg. 1064, briefed 4/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Overmeyer...

The Dartmouth Review v. Dartmouth College (1989) U.S. Ct. of Appeals, 1st Circuit (1989) Procedural: University hearing found appellants guilty...

Style of Case David v. Crompton & Knowles Corp. United States District Court, Eastern District of Pennsylvania, 1973. Facts Δ Crompton is...

Davis v. Precoat Metals Prepared by Candice Facts: The ∏s were suing the ∆ for discrimination on the basis of race and national origin in...

Style of Case Davis v. Ross. U.S. District Court, Southern District of New York, 1985. Procedural History Facts Π Davis brought suit for...

1. Day & Zimmerman v. Challoner, (1975); pg. 258, briefed 1/17/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Two...

Procedural History: Plaintiffs file antitrust suit in Virginia federal court against a bunch of foreign defendants and some American ones. Defendants...

Dee-K Enterprises v. Heveafil Facts: Antitrust action brought by 2 American purchasers against several foreign manufacturers and distributors of...

1. DeJames v. Magnificence Carriers, (1981); pg. 87, briefed 3/31/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: π...

Des Moines Navigation & RR Co. v. Iowa Homestead US Supreme Court 1887 Prepared by Dirk Facts: -This is a case brought before the supreme...

DiMichel v. South Buffalo RY. CO. 80 N.Y.2d. 184 NY Court of Appeals (1992) Prepared by Dirk Facts: -DiMichel, plaintiff brought a...

1. Dindo v. Whitney, (1971); pg. 1106, briefed 4/21/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Dindo was...

Diniero v. United States Lines CO. 288 F.2d 595 US Court of appeals, 2nd Circuit (1961) Prepared by Dirk Facts: -Diniero, plaintiff,...

Durfee v. Duke 375 U.S. 106 (1963) Facts Petitioners brought action to quiet title to land in Nebraska. After determining that the land in...

Empire v. McVeigh US Supreme Court Prepared by Dirk Facts: -This is a reimbursement claim brought by certiorari before the US Supreme...