Please follow the format that shows below.
(Always underline or italicize case names; omit citation: e.g., 5 Cal.3 225 (1995)
*FACTS: Summarize why the parties (litigants) are in court.
Indicate who was the plaintiff and who was the defendant in the trial court.
Indicate procedural history: What is the level of the court hearing the case? Most of the time an appellate court will be hearing the case.
Be concise and succinct!
*ISSUE: Present as a single question.
Do not mention parties either by name or by litigation status (e.g., appellant; appellee).
Generalize to a legal principle (for example, “Generally, are promises to make a gift enforceable? ?Is a corporation entitled to the Fifth Amendment privilege against self-incrimination??).
*HOLDING: Answer issue Yes or No. (Answer to both issues above is “No.”)
Indicate procedural result. Most often this will be: Affirmed; Reversed; Reversed and Remanded.
Paragraph one: Summarize the general legal basis for the court?s decision without naming the parties. Do not cite precedent (i.e., do not make reference to specific cases mentioned in the court’s opinion).
Paragraph two: Apply the legal reasoning to the specific facts of the case, naming the parties. The only time the parties/litigants are named is in the Facts and in the second paragraph of the Reasons.
*Most significant parts of the analysis.
This is the example.
Kaycee Land and Livestock v. Flahive
FACTS: Defendant, Roger Flahive, was the managing member of Flahive Oil & Gas, LLC (?Flahive?) which entered into a contract with Plaintiff Kaycee Land and Livestock (?Kaycee?) allowing Flahive to use the surface of Kaycee?s land to exercise mineral rights. Kaycee later filed suit in a Wyoming state court against Defendant and Flahive, alleging environmental contamination to its property.
As discovery indicated that Flahive had no assets at the time of the
litigation, Plaintiff asked the court to disregard the LLC entity, thereby holding Defendant personally liable. Before issuing a judgment, the court submitted the issue stated below to the Wyoming Supreme Court.
ISSUE: May a court disregard the LLC entity in the same manner as piercing the corporate veil, thereby imposing personal liability on the managing member of the LLC?
HOLDING: Yes. Remanded to determine whether piercing the LLC veil was appropriate in these circumstances.
REASONS: Corporations and LLCs have the same basic purpose of limiting the liability of individual investors, thereby encouraging economic development. A corporation that has been created and operated in conformance with state statutory requirements will shield individual shareholders from personal liability for corporate actions. However, courts will disregard the separate corporate entity, imposing personal liability on the shareholders, when there has been an abuse of the corporate entity, such as when corporate and personal funds are co-mingled.
In this case, the court saw no reason to treat an LLC differently from a corporation in deciding whether to disregard the legal entity and to impose personal liability on Defendant. The court did note that some reasons for piercing the LLC veil, such as failure to observe formalities, would not be identical to piercing the corporate veil, because an LLC was intended to be more flexible than a corporation.
NOTE: The parties are only mentioned by name or by litigation status in the Facts and in the second paragraph of the Reasons.
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