FLORIDA A&M UNIVERSITY COLLEGE OF LAW
Academic Success and Bar Preparation
Introduction to Analytical Skills I – Fall 2023
CASE BRIEFING TEMPLATE
PLAINTIFF’S NAME____________AVITTS___________
DEFENDANT’S NAME________________AMOCO PRODUCTION CO.________________
APPELLANT’S NAME__________________AMOCO PRODUCTION CO___________________
APPELLEE’S NAME____________________AVITTS_________________________
CITATION
___AVITTS V. AMOCO PRODUCTION CO. 53 F.3D 690 (5TH CIR. 1995)____
Key Facts: (Who are the parties? What are they fighting about? Who is suing whom for what?)
Avitts is looking to recover monetary damages for alleged injuries to their property. The
damages were caused by the defendant’s oil and gas operations in the West Hastings Field.
Procedural History: (How did this case get to this court? What occurred before in the court
below, if any?)
The case first appeared as a complaint filed by the Appellee against the Appellant in a Texas
state district court. The case was then removed from the Texas state courts to the southern
district of Texas (federal courts) by the Appellant/Defendant. The federal district court entered
interim orders (provisional/temporary orders) and a preliminary injunction (temporary relief)
requiring the defendant to complete a phase 2 environmental study. The defendants were
ordered to pay about $650,000 in interim costs and attorney’s fees, to which they appealed to
the 5th Circuit Courts (fed).
Procedural Issue: (What procedural issue is before the court? What action by the lower court is
being appealed?)
Did the federal district courts in Texas error in accepting the removal of the case from state
court to federal court?
Issue: (What is the “real” legal question or substantive dispute to be addressed/answered by
the court?)
Did the Fed district courts have subject matter jurisdiction over the Plaintiffs/Appellee’s claim,
which suggested that the defendant violated federal law?
Holding: (The holding should directly respond to the stated issue and begin with “yes” or “no,”
and elaborate with “because…” from there. Look for language in the opinion such as “we
hold…”, “we conclude…”, “we find…”)
Procedural issue: Yes, they errored.
Issue response; No, because appellees never asserted a cause of action under a federal
statute.
Reasoning/Rationale: (What was the court’s reasoning for its decision?)
Subject matter jurisdiction cannot be created by simply referring to federal law. Subject matter
jurisdiction can only be created if the pleading contains a cause of action within the district
Note: Case briefing formats vary. The above format is only one suggestion. Check with individual
professors regarding the particular format preferred for their class.
FLORIDA A&M UNIVERSITY COLLEGE OF LAW
Academic Success and Bar Preparation
Introduction to Analytical Skills I – Fall 2023
court’s original jurisdiction. The claim itself must address a matter arising under the jurisdiction
of the federal courts.
Rule: (What rule, statute, precedent, definition or standard did the court use to resolve the
dispute?)
In order for removal to be properly granted, the claim made by the plaintiff must assert a cause
of action arising under federal law and is within the jurisdiction of the federal courts.
Judgement/Disposition: (What is the result or disposition of the case? Who won? What did the
court do?)
The removal requested by the defendant/appellant was not validated by the 5th Circuit Court of
Appeals. Therefore, the case was remanded back to the district courts instructing them to
remand it back to the Texas state courts for further processing.
Concurring/Dissenting Opinion: (Did one or more of the judges agree with the majority, but
for a different reason? In the alternative, did one or more judges disagree with the majority and
what was the reason(s) the judge(s)’ disagreed?)
Only a majority opinion was provided for this case.
Note: Case briefing formats vary. The above format is only one suggestion. Check with individual
professors regarding the particular format preferred for their class.