pleading

Question 1

what is pleading

Answer 1

what we do to state our claims and defenses

ie the complaint and the answer

Question 2

what is the point of the complaint

Answer 2

only requires enough detail to give the d fair notice of the claim

Question 3

what must the complaint contain via rule 8(a)

Answer 3

1. short and plain statemnet of the claim showing that the pleader is entitled to releif
2. a short and plain statement on the grounds for the courts jurisdiction
3. a demand for relief sought

Question 4

conley v gibson key takeaway

Answer 4

possibilty standard

A complaint is sufficient as long as the plaintiff sets forth an assertion upon which relief may be granted, and specific, detailed recitations of fact are not necessary to survive a motion to dismiss.

Famously proclaimed that a complaint should not be dismissed for failure to state a claim UNLESS it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

Question 5

swierkiewicz key takeaway

Issue: Whether a complaint in an employment discrimination lawsuit must contain SPECIFIC FACTS establishing a prima facie case of discrimination under the framework set forth by this court in McDonnel

Answer 5

A complaint in an employment discrimination suit need only contain a short statement of facts in order to be sufficient.

reaffirms the the traditional rule of pleading

Question 6

twombly key takwaway

Answer 6

this case does away with conley possibility standard and replaces with plausibility standard

you have to spell out clearly the basis for alleging a pluasible right to relief for each claim they assert.

Question 7

what is the twiqbol standard for complaints

Answer 7

specify that a complaint must be plausible on its face, but it must bring forth sufficient factual allegations that nudge a claim across the line from conceivable to plausible

Question 8

what is the twiqbol two step

Answer 8

1. Legal conclusion – ID them and take them out /dont presume them to be true
2. Take the rest of factual conclusions as true and determine if it meets the PLAUSIBILITY standard

Question 9

iqbal key takeaway

Did P plead factual matter that, if taken as true, states a claim that petitioners deprived him of his clearly established constitutional rights

Answer 9

Under Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), a complaint will only survive a motion to dismiss if it alleges nonconclusory facts that, taken as true, state a claim to relief that is plausible on its face.

Question 10

what does rule 8b require for the answer

Answer 10

For each allegation you can either admit or deny it

If you don’t know, you can say you lack info to admit or deny – see page 353
Anything not an admission is a denial
If you don’t admit, deny, or say lack of knowledge, you are admitting

Question 11

what happens if the d fails to answer a complaint

Answer 11

default judgment

Question 12

what is rule 8c about

Answer 12

affirmative defenses!

If you have an affirmative defense and you dont state it in answer, you waive your ability to raise it in the case – you lose the defense

Question 13

what is a negative pregnant? what are the two types

Answer 13

Two types
Literal denial - taking advantage of P’s own bad pleading
Ex: Pleading says D owes 200k and its actually 195k, D would be like ‘d denies that it owes 200k’
Conjunctive denial - deny the whole list
Ex: P says D owned operated and drove forklift - D would answer that they didnt because they only owned it

Question 14

what is rule 15 about (ammendment of pleadings)

Answer 14

For ALL pleadings, there is an automatic right to ammend ONCE for 21 days after service

for COMPLAINTS there is an automatic right to ammend 21 days ater an aswer or motion to dimiss has been filed

can amend with consent of the other party or the court

Question 15

when you ask the court for leave to ammend, how do they decide to grant it

Answer 15

the court ususally grants leave to amend as justice requires

court considers the hardship to opposig partu and the reason for your delay , and whether the ammendment is futile

Question 16

Beeck v aquaslide key takeaway – who has the burden to show leave should not be given

Beeck got hurt on a water slide and said Aquaslide made it. At first, Aquaslide agreed they made the slide, but then they checked and realized they didn’t. They asked the court if they could change their statement to say they didn’t make the slide. The court said yes and decided to have a trial to figure out if Aquaslide really made the slide.Beeck didn’t agree with this and said the court was wrong to let Aquaslide change their statement and to have a trial about who made the slide.

Issue: does justice require the requested amendment to the pleading by aquaslide

Answer 16

most cases permission will be granted but it wont if its made in bad faith or the other party will face prejudce

The burden is on the party opposing amendment

Is beeck likely to suffer any prejudice if we grant this motion?
No!

Question 17

what does prejudice mean in court and which one is the more serious type

ie prepration vs merits

Answer 17

1. Preparation prejudice= prejudice of having to spend more burdens in litating your case (via time or money)
2. Merits prejudice = if your evidence is destroyed and know you loose the case that you should have won
   Merits is the more serious type

Question 18

what is rule 15(c)(1) relation back with an exsisting defendant and what does it do

Answer 18

says that an ammendment to a pleading relates back to the og pleading date if it arises from the conduct, transaction, or occuremce set forth in the og pleading

AND adding the new claim wont prejduce teh exssiting defendnt

Question 19

what does 15c1 relation back adress

Answer 19

the common situtiom im which a party adds a claim by ammendment AFTER the limiation period for that claim has passed

Question 20

what happnes if You file a lawsuit within the SOL, and then after the SOL lapses, you have to amend your complaint
D will move to dismiss because its outside the SOL

Answer 20

relation back (15c) says that if somethings are met, the motion to dismiss wont go through

Question 21

what are the requiremnts for a relating back for new parties?

Answer 21

Within 90 days of filing the complaint:

(i) the party youre seeking to bring in has to have actual notice of the case AND

(ii) know or should have known action would have been brought against them, but for a mistake concerning the proper parties identity

also cant cause hardship to the new party

Question 22

what does mistake of idenity mean for relation back and bringing in a new party

Answer 22

If P makes a huge mistake in suing the wrong D (ie more incompetent rather than a simple mistake) then you loose the relation back and SOL rule will prevail
The mistake doesn’t have to be reasonable to relate back but it cant be because of a lack of competence

Question 23

what is the 90 day limitation on in terms of adding new parties via relation back

Answer 23

(i) the party youre seeking to bring in has to have actual notice of the case AND

(ii) know or should have known action would have been brought against them, but for a mistake concerning the proper parties identity

Question 24

Costa Crociere key takeaway

ISSUE
Did the district court abuse its discretion in denying the relation back?
Is the amended complaint appropriate in light of rule 15c?

Answer 24

relation back under 15c does not depend on the amending party’s knowledge or timeliness.

Relation back under rule 15c depends on what the party TO BE ADDED knew or should have known, NOT on the amending party’s knowledge or its timeliness to amend the pleading
Crociere should have known that P’s failure to name it as D in her og complaint was due to a mistake concerning the proper party’s identity.

Question 25

what does rule 11 require (ie professional resposbilty requirments

Answer 25

requires good facts (ie via the twiqbol two step) good law, and good faith

Question 26

explain the good fact requirement under rule 11(b)(3)

Answer 26

the facts exsist, or you reasonbly belive them to exsist

attorney should reasonbly investigate the facts

Question 27

explain the good law requirement under rule 11(b)(2)

Answer 27

reasonble belief that the law supports your claim or defenes OR non friviouls argument that the law can and should be changed

Question 28

explain the good faith requirement under rule 11(b)(1)

Answer 28

cant be filed for imprpr purpose

less common than other grounds for rule 11 sanctions

Question 29

why does rule 11 require attorney signature

Answer 29

the signature represents that all 11b are true

Question 30

what kind of sanctions are under rule 11

Answer 30

deterrence not compensation

Question 31

does rule 11 apply to discovery?

Answer 31

no, discovery enforcment is covered by rule 37

Question 32

ridder v city of springfeild (safe harbor rule)

Ridder (plaintiff) filed suit against the City of Springfield (defendant) and various county and city officials in connection with his arrest for rape and related charges. After protracted litigation resulting in summary judgment for Springfield on all counts, Springfield filed motions for sanctions and attorney’s fees pursuant to Federal Rules of Civil Procedure (FRCP) 11 and 28 U.S.C. § 1927, respectively. Springfield acknowledged that it failed to satisfy the requisite safe-harbor period in Rule 11, arguing it would have been an “empty formality” given Ridder’s vigorous defense even after it became clear that there was no factual or legal basis for his suit against Springfield.

Must a party seeking sanctions serve the Rule 11 motion on the opposing party for the full 21-day safe-harbor period before it is filed with or presented to the court, and before entry of final judgment or judicial rejection of the offending contention?

Answer 32

A party seeking sanctions must serve the Rule 11 motion on the opposing party for the full 21-day safe-harbor period before it is filed with or presented to the court, and before entry of final judgment or judicial rejection of the offending contention.

Question 33

what is section 1927

Answer 33

sanctions that only apply to attonerys wasting everyons time

Question 34

what is the rule 11 safe harbor rule

Answer 34

a motion for sanction has to be made seperatly, to start

also, the motion for a sanction should not be filed with the court until at least 21 days after serving the oppsing party

if, during the 21 day period the oppsing pary correctes their behavior, the motion should not be filed with the court