Mabry v. Johnson
Brief

CitationMabry v. Johnson, 467 U.S. 504, 104 S. Ct. 2543, 81 L. Ed. 2d 437, 1984 U.S. LEXIS 105, 52 U.S.L.W. 4751 (U.S. June 11, 1984) Brief Fact Summary. A prosecutor offered defendant George Johnson a plea deal and then when defendant’s attorney notified the prosecutor they would accept the deal, the prosecutor withdrew it and offered a substantially less appealing deal. Synopsis of Rule of Law. A criminal defendant’s acceptance of a prosecutor’s proposed plea bargain does not create a constitutional right to its enforcement. ...

United States v. Bagley
Brief

CitationUnited States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. 2d 481, 1985 U.S. LEXIS 130, 53 U.S.L.W. 5084 (U.S. July 2, 1985) Brief Fact Summary. Upon realizing that the government did not disclose impeachment evidence, Bagley brought a motion to vacate his sentence wherein he was found guilty on federal narcotics charges. Synopsis of Rule of Law. In deciding whether to vacate a sentence on the grounds that impeachment evidence was not provided to the defense, a court must make a determination of whether the outcome of the case would have been different. ...

Pennsylvania v. Ritchie
Brief

CitationPennsylvania v. Ritchie, 1986 U.S. LEXIS 1407, 476 U.S. 1139, 106 S. Ct. 2244, 90 L. Ed. 2d 690, 54 U.S.L.W. 3777 (U.S. May 27, 1986) Brief Fact Summary. Prior to his rape and incest trial, a defendant was not allowed access to a file that the Children and Youth Services had accumulated on him in investigating his victim’s complaint because it was deemed confidential under state law. Synopsis of Rule of Law. Criminal defendants are allowed pretrial disclosure of confidential information if that information is deemed material to their defense by the trial court. ...

Vasquez v. Hillery
Brief

CitationVasquez v. Hillery, 474 U.S. 254, 106 S. Ct. 617, 88 L. Ed. 2d 598, 1986 U.S. LEXIS 40, 54 U.S.L.W. 4068 (U.S. Jan. 14, 1986) Brief Fact Summary. Respondent Booker T. Hillery succeeds on habeas petition by arguing that the Equal Protection clause has been violated in the systematic exclusion of blacks from his grand jury. Synopsis of Rule of Law. A criminal defendant’s equal protection rights have been violated when they are indicted by a grand jury from which members of a racial group have been excluded. ...

United States v. Hubbell
Brief

CitationUnited States v. Hubbell, 530 U.S. 27, 120 S. Ct. 2037, 147 L. Ed. 2d 24, 2000 U.S. LEXIS 3768, 68 U.S.L.W. 4449, 2000-1 U.S. Tax Cas. (CCH) P50,499, 2000 Cal. Daily Op. Service 4354, 2000 Daily Journal DAR 5845, 2000 Colo. J. C.A.R. 3116, 13 Fla. L. Weekly Fed. S 382 (U.S. June 5, 2000) Brief Fact Summary. The defendant, Webster Hubbell (the “defendant”), asserted his privilege against self incrimination when he was subpoenaed to produce documents. The government granted him immunity but then proceeded to use the documents to obtain an indictment against him from the Gr ...

Stack v. Boyle
Brief

CitationStack v. Boyle, 342 U.S. 1, 72 S. Ct. 1, 96 L. Ed. 3, 1951 U.S. LEXIS 1368 (U.S. Nov. 5, 1951) Brief Fact Summary. Petitioners members of the Communist Party were charged with conspiring to teach overthrowing the government, and were unsuccessful in a motion to reduce bail. Synopsis of Rule of Law. Bail set an amount higher than that which would be reasonably calculated to assure the presence of the accused individuals at trial is excessive under the Eighth Amendment. ...

Kuhlmann v. Wilson
Brief

CitationKuhlmann v. Wilson, 477 U.S. 436, 106 S. Ct. 2616, 91 L. Ed. 2d 364, 1986 U.S. LEXIS 65, 54 U.S.L.W. 4809 (U.S. June 26, 1986) Brief Fact Summary. An informer planted in a suspect’s jail cell obtained incriminating information from a suspect after being told not to start the conversation, but to listen for incriminating information. Synopsis of Rule of Law. When police plant an informer with a jailed suspect and the informer does not ask questions, the suspect’s statements to the informer are admissible unless the informer took coercive steps other than listening to eli ...

Illinois v. Perkins
Brief

CitationIllinois v. Perkins, 1989 U.S. LEXIS 3741, 493 U.S. 808, 110 S. Ct. 49, 107 L. Ed. 2d 18, 58 U.S.L.W. 3213 (U.S. Oct. 2, 1989) Brief Fact Summary. An undercover police agent was placed in jail with the suspect and got them to elicit incriminating statements. Synopsis of Rule of Law. Miranda warnings are not required when an undercover agent asks questions that could result in incriminating statements. ...

Illinois v. Wardlow
Brief

CitationIllinois v. Wardlow, 528 U.S. 119, 120 S. Ct. 673, 145 L. Ed. 2d 570, 2000 U.S. LEXIS 504, 2000 Cal. Daily Op. Service 299, 2000 Daily Journal DAR 389, 1999 Colo. J. C.A.R. 183, 13 Fla. L. Weekly Fed. S 20 (U.S. Jan. 12, 2000) Brief Fact Summary. Defendant William Wardlow was stopped and frisked after looking towards police officers and then running in an area known for heavy narcotics trafficking. Synopsis of Rule of Law. Nervous, evasive behavior and location in a high crime area are relevant factors in determining the reasonable suspicion necessary for a Terry stop under the Fourth ...

Vale v. Louisiana
Brief

CitationVale v. Louisiana, 399 U.S. 30, 90 S. Ct. 1969, 26 L. Ed. 2d 409, 1970 U.S. LEXIS 18 (U.S. 1970) Brief Fact Summary. Police arrested appellant Donald Vale on the street outside his home and then went into his home nearby and conducted a search, recovering additional narcotics in the process. Synopsis of Rule of Law. A search of a house is only to be upheld as incident to an arrest if the arrest takes place inside the house. ...

United States v. White
Brief

CitationUnited States v. White, 401 U.S. 745, 91 S. Ct. 1122, 28 L. Ed. 2d 453, 1971 U.S. LEXIS 132 (U.S. Apr. 5, 1971) Brief Fact Summary. Government authorities, through the use of an informant, secretly recorded conversations with the Respondent, James A. White (the “Respondent”). The informant was not present during the trial, but the recorded conversations were admitted. Synopsis of Rule of Law. The secret simultaneous (electronic) recording of conversations between an individual and government agents, without a warrant, does not violate the Fourth Amendment to the United ...

Zurcher v. Stanford Daily
Brief

CitationZurcher v. Stanford Daily, 436 U.S. 547, 98 S. Ct. 1970, 56 L. Ed. 2d 525, 1978 U.S. LEXIS 98, 3 Media L. Rep. 2377 (U.S. May 31, 1978) Brief Fact Summary. Police officers searched respondent newspaper the Stanford Daily’s offices looking for photographs of criminals for purposes of identification. Synopsis of Rule of Law. Property may be searched even if its occupants are not reasonably suspected of a crime or subject to arrest. ...

Adamson v. California
Brief

CitationAdamson v. California, 67 S. Ct. 1672, 332 U.S. 46, 91 L. Ed. 1903, 1947 U.S. LEXIS 2876, 171 A.L.R. 1223 (U.S. June 23, 1947) Brief Fact Summary. Appellant was convicted of first-degree murder in California state court after his refusal to take the stand and testify was commented on by opposing trial counsel. Synopsis of Rule of Law. The Fifth Amendment privilege against self-incrimination is not a part of the right to a fair trial protected by the Due Process clause of Fourteenth Amendment. ...

MCDM Holdings Inc. v. Credit Suisse First Boston Corp
Brief

CitationMDCM Holdings, Inc. v. Credit Suisse First Boston Corp., 216 F. Supp. 2d 251, 2002 U.S. Dist. LEXIS 11237, Fed. Sec. L. Rep. (CCH) P91,939 (S.D.N.Y. June 25, 2002) Brief Fact Summary. MCDM Holdings Inc., and others, (Plaintiffs), brought suit for breach of contract, breach of implied covenant of good faith, breach of fiduciary duty, and unjust enrichment. Credit Suisse First Boston Corp., (Defendant) moves to dismiss the action. Synopsis of Rule of Law. SLUSA preempts any claim that is 1) a covered class action; 2) based on state law; 3) in which the plaintiff has alleged either a mi ...

United States v. Chestman
Brief

CitationUnited States v. Chestman, 947 F.2d 551, 1991 U.S. App. LEXIS 23242, Fed. Sec. L. Rep. (CCH) P96,259 (2d Cir. N.Y. Oct. 7, 1991) Brief Fact Summary. Robert Chestman, a broker for Keith Loeb, was indicted under the misappropriation theory, based on Keith’s breach of fiduciary duty to the Waldbaum family and Susan Loeb, his wife. Synopsis of Rule of Law. To be liable as an aider and abetter under the misappropriation theory, the tipper must owe a fiduciary duty of confidentiality to the corporation and the aider and abetter must know of the tipper’s breach of fiduciary duty ...

Dirks v. Securities and Exchange Commission
Brief

CitationDirks v. SEC, 681 F.2d 824, 1982 U.S. App. LEXIS 19173, 220 U.S. App. D.C. 309, Fed. Sec. L. Rep. (CCH) P98,669 (D.C. Cir. May 18, 1982) Brief Fact Summary. Petitioner, Raymond Dirks, received material information from insiders who wanted Petitioner to report fraudulent practices in their company. Petitioner tipped clients and investors by disclosing the information to them. Synopsis of Rule of Law. A tippee owes a fiduciary duty to shareholders if the tippee received material nonpublic information from an insider that breached his fiduciary duty by disclosing the information, and t ...

Northeast Harbor Golf Club, Inc. v. Harris
Brief

CitationNortheast Harbor Golf Club v. Harris, 661 A.2d 1146, 1995 Me. LEXIS 158 (Me. July 20, 1995) Brief Fact Summary. The Northeast Harbor Golf Club, Inc., (Appellant), brought suit against Nancy Harris, (Appellee), for breach of fiduciary duty as its president by purchasing and developing property adjacent to that owned by Appellant. Appellant appeals from the Superior Court judgment in favor of Appellee. Synopsis of Rule of Law. A corporate opportunity is one that is closely related to a business in which the corporation is engaged or one that accrues to the fiduciary as a result of her ...

Smith v. Van Gorkom
Brief

CitationSmith v. Van Gorkom, 488 A.2d 858, 1985 Del. LEXIS 421, 46 A.L.R.4th 821, Fed. Sec. L. Rep. (CCH) P91,921 (Del. Jan. 29, 1985) Brief Fact Summary. Plaintiffs, Alden Smith and John Gosselin, brought a class action suit against Defendant corporation, Trans Union, and its directors, after the Board approved a merger proposal submitted by the CEO of Trans Union, fellow Defendant Jerome Van Gorkom. Synopsis of Rule of Law. Under the business judgment rule, a business judgment is presumed to be an informed judgment, but the judgment will not be shielded under the rule if the decision was un ...

Rauchman v. Mobil Corp
Brief

CitationRauchman v. Mobil Corp., 739 F.2d 205, 1984 U.S. App. LEXIS 20747, Fed. Sec. L. Rep. (CCH) P91,555 (6th Cir. Ohio July 6, 1984) Brief Fact Summary. Irvin Rauchman, (Petitioner), brought suit against Mobil Corporation, (Respondent), to compel Respondent to include his proposal to amend the bylaws in the corporation’s proxy statement. Petitioner appeals the District Court grant of Respondent’s motion for summary judgment. Synopsis of Rule of Law. A proposal that calls into question the qualification of a board member for reelection is an effort to oppose management’s ...

Wilderman v. Wilderman
Brief

CitationWilderman v. Wilderman, 315 A.2d 610, 1974 Del. Ch. LEXIS 106 (Del. Ch. 1974) Brief Fact Summary. Plaintiff, Eleanor M. Wilderman, sued her former husband, Joseph Wilderman, a co-owner of the corporation, “Marble Craft.” Plaintiff claims that the defendant paid himself unreasonable and unauthorized compensation from the corporation. Plaintiff seeks to have the excessive money returned to the corporation, declared as net corporate profits, and re-distributed as dividends. Synopsis of Rule of Law. A director who pays himself a salary bears the burden of proving that the ...

McQuade v. Stoneham
Brief

CitationMcQuade v. Stoneham, 263 N.Y. 323, 189 N.E. 234, 1934 N.Y. LEXIS 1279 (N.Y. 1934) Brief Fact Summary. Plaintiff, Francis McQuade, brought this action against Defendants, Charles Stoneham et al., to be reinstated as the treasurer of the National Exhibition Company (NEC). Synopsis of Rule of Law. Shareholders can not form an agreement to control the decisions traditionally vested in the judgment of the directors of a company. ...

Stanley J. How & Assoc., Inc. v. Boss
Brief

CitationStanley J. How & Associates, Inc. v. Boss, 222 F. Supp. 936, 1963 U.S. Dist. LEXIS 6668 (S.D. Iowa Oct. 31, 1963) Brief Fact Summary. Stanley J. How & Assoc., Inc., (Plaintiff) brought suit against Edwin A. Boss, (Defendant), to recover on a contract for the performance of architectural services. Defendant claims that the parties intended that Boss Hotel Co., Inc. be the sole obligor on the contract. Synopsis of Rule of Law. The promoter though he may assume to act on behalf of the projected corporation and not for himself, will be personally liable on his contract unless the ...

Elf Atochem North America, Inc. v. Jaffari
Brief

CitationElf Atochem N. Am., Inc. v. Jaffari, 727 A.2d 286, 1999 Del. LEXIS 111, 79 A.L.R.5th 803 (Del. Apr. 6, 1999) Brief Fact Summary. Appellant, Elf Atochem North America, Inc., brought suit against Appellee, Cyrus Jaffari, for issues related to their LLC, Malek LLC. The suit was brought in a Delaware court, but the LLC agreement called for disputes to be settled with arbitration in San Francisco, CA. Synopsis of Rule of Law. The Delaware LLC statutes give great deference to the freedom of LLC members to contract, providing the terms do not overstep any of the mandatory statutory provisi ...

Smith v. Kelley
Brief

CitationSmith v. Kelley, 27 Me. 237, 1847 Me. LEXIS 56 (Me. 1847) Brief Fact Summary. Smith, (Appellant), brought suit against Kelley and Galloway, (Appellees), alleging he was entitled to a fixed percentage of the profits as a partner of their accounting firm. Appellant appeals judgment in favor of Appellees. Synopsis of Rule of Law. A partnership is a contractual relationship and the intention to create it is necessary. ...

Bohatch v. Butler & Binion
Brief

CitationBohatch v. Butler & Binion, 977 S.W.2d 543, 1998 Tex. LEXIS 13, 41 Tex. Sup. J. 308 (Tex. Jan. 22, 1998) Brief Fact Summary. A partner is expelled from the partnership for accusing a senior partner of overbilling a major client. Synopsis of Rule of Law. Partners in at-will partnerships have the freedom to expel another partner if the offending partner damages the personal confidence and trust of the partnership. ...