Logourl black

Emanuel Law Outlines, Inc. v. Multi-State Legal Studies, Inc.

United States District Court for the Southern District of New York
899 F.Supp. 1081 (1995)


Facts

Emanuel Law Outlines, Inc. (Emanuel) (plaintiff) agreed to sell legal study materials to Multi-State Legal Studies, Inc. (Multi-State) (defendant) over a three-year period commencing September 1, 1992. In exchange for the materials, Multi-State promised to pay Emanuel a yearly fee plus shipping and printing costs. Cancellation of the parties’ installment contract was permitted only after a material breach that remained uncured 30 days after the breaching party received notice thereof. One of Emanuel’s deliverables in the first year was a criminal procedure supplement scheduled to be ready at Emanuel’s warehouse by May 1, 1993. A few months before the deadline, Emanuel’s writer/editor underwent heart surgery and fell behind in his work. Emanuel notified Multi-State prior to the surgery of a potential delay. The parties dispute whether Multi-State agreed to extend the deadline, which Emanuel subsequently missed. Multi-State alleged that it sent two letters notifying Emanuel of its breach, but Emanuel denied receiving such letters. The criminal procedure supplement was ready on June 3, 1993, and Multi-State had it shipped out via regular parcel delivery. In August 1993, Multi-State informed Emanuel that its failure to deliver the supplement on time was a material breach that excused Multi-State from further performance. Emanuel sued. The trial court heard the case without a jury and issued findings of fact and conclusion of law.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Newman, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 72,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,385 briefs - keyed to 134 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now