Pleadings

Question 1

Claims: General Requirements

Answer 1

• complaint must contain sufficient information to place the adversary on notice of claims that are plausible
• Claims involving fraud must be pled with particularity

Question 2

Rule 11

Answer 2

• when a law or pro se litigant gives a paper to a court they are certifying that:
• the paper is not being brought for an improper purpose
• the contentions of law are not frivolous and supported by law or attempting to modify it
• the contentions have supporting evidence or will have it through discovery

Question 3

Responsive pleadings: Time Limits

Answer 3

• response due in 21 days
• if you waive service, extended to 60 days (or 90 if outside use)
• if response is denied, you then have 14 days to file answer

Question 4

responsive pleading: waiver of certain defenses

Answer 4

• the following defenses must be raised in the first responsive pleading or else they are waived
• lack of PJ
• improper venue
• improper service

Question 5

Answers: General Rules

Answer 5

• must meet every allegation in the complaint by (1) admitting to it (2) denying it or (3) saying there is insufficient info

Question 6

Affirmative Defenses

Answer 6

• must be alleged in the answer

Question 7

Amendment to Pleadings: General Rules

Answer 7

• courts are liberal regarding amendment rights
• pleader has absolute right to amend pleading once as of right up to 21 days after service of the response to their pleading
• after 21 days you must ask the court for leave to amend, who will grant it when justice so requires to serve the merits (they will only deny to avoid undue prejudice - they are liberal)

Question 8

Amendment to Pleadings: The Relation Back Doctrine (New Claim)

Answer 8

• amendment adding a new claim relates back to an earlier timely filed complaint if the new claim services from the same transaction or occurrence as the earlier timely filed claim

Question 9

Amendment to Pleadings: The Relation Back Doctrine (New Party)

Answer 9

• amendment relates back if
• claim derives from the same transaction or occurrence
• new party acquired knowledge that but for a mistake in name the new party would have been sued within 90 days of the filing of the timely complaint

Question 10

Joinder: General Rules

Answer 10

• way to add claims or parties to a single suit
• a party may join as many claims as it has against an adversary regardless of whether there is a connection between those joined claims
• party may join parties to a lawsuit if the claims involving the parties derive from the same series or transactions/occurrences

Question 11

Counterclaims: Permissive

Answer 11

• Counterclaim that does not derive from the same transaction or occurrence as the plaintiffs
• the D may file it

Question 12

Counterclaims: Compulsory

Answer 12

• Counterclaim that does derive from the same transaction or occurrence
• D must file it or they lose the right to do so later

Question 13

Crossclaims

Answer 13

party may file crossclaim against an existing co party if that crossclaim derives from the same transaction/occurrence

Question 14

Impleader

Answer 14

• D may bring a new claim against a new third party if the new third party may be liable to the D for all (indemnity) or part (contribution) of the D’s same liability to the P

Question 15

Interpleader

Answer 15

• Holder of a common fund may file a suit against all of the rival claimants to its common fund
• Traditional interpleader: must have complete diversity to sue
• statutory interpleader: must have minimal diversity to sue (the two rival claimants are from different states)

Question 16

Intervention; General Definition

Answer 16

• the act of a nonparty seeking to become a party in an ongoing lawsuit

Question 17

Intervention (as of right)

Answer 17

-intervener has the right to intervene if it has an interest in the lawsuit which would be adversely affected and not protected by the parties

Question 18

Intervention (permissive)

Answer 18

• Federal judge has discretion to permit intervention if the intervenor nonparty can show a commonality of issues between those in the ongoing lawsuit and those affecting the intervenor

Question 19

Intervention (indispensable parties)

Answer 19

• nonparty who must be joined if absence would be unduly prejudicial to any party right to a full and fair adjudication
• if they must be joined but there is no SMJ, then the court must decide in equity and good conscience whether to continue and risk prejudice or dismiss the suit

Question 20

Class Action: General Definition

Answer 20

Action in which a named party represents a class of commonly situated absent parties

Question 21

Class Action: CAFA jurisdiction

Answer 21

• CAFA = Class Action Fairness Act
• jurisdiction if there are at least 100 plaintiffs, amount in excess of 5 million, and any P is from a different state than any D

Question 22

Class Action: When Should a Judge Qualify a Class Action

Answer 22

C- Commonality: must be a common issue of fact/law that pertain to the class

A- Adequacy: named party/counsel must adequately represent the class

N - Numerously: Joinder would be impractical

T- Typicality: Claims must be typical of the class

$P -Predominance: Common issues must predominate over individual issues

$S - Superiority: Class action must be the superior way to resolve the claim

Question 23

Class Action: Constitutionality

Answer 23

• Order notice that is reasonably calculated to apprise members of the litigation (give them notice)
• Afford class members the right to opt out from the class action