Complaints

Question 1

Complaint

Answer 1

Plaintiff’s first pleading which states grounds for federal subject matter jurisdiction, a short and plain statement of the claim showing that the plaintiff is entitled to relief, and a demand for relief

Question 2

Haddle v. Garrison

Answer 2

Legal insufficiency: “even if everything you allege is true [and the court assumes all the facts you allege is true], the law affords you no relief”

Question 3

Conley v. Gibson

Answer 3

• Low bar: general allegations without specific facts, conclusory statements and stating the possibility of discovery facts were sufficient.
• “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”.

Question 4

Bell Atlantic v. Twombly

Answer 4

Overturned Conley and established a new ‘plausibility’ rule. A complaint requires facts (although they do not have to be detailed) that point to ‘plausibility’. A complaint must have “enough facts to state a claim that is plausible on its face… [to nudge] their claim across the line from conceivable to plausible”.

Question 5

Ashcroft v. Iqbal

Answer 5

• Rule 8 does not require detailed factual allegations but must be more than “unadorned, the defendant unlawfully harmed me accusation”.
• Established a two-pronged approach: (1) disregard legal conclusions and (2) ask whether factual assertions state that a claim is “plausible on its face” - the facts must allow the court to “draw the reasonable inference” of liability, facts consistent with liability are not sufficient
• What is insufficient? Bare assertions, legal conclusions, recitation of elements

Question 6

Rule 8(a)

Answer 6

A complaint must contain a short and plain statement of (1) grounds for jurisdiction, (2) claim showing plaintiff is entitled to relieve, (3) demand for relief

Question 7

Responses to Complaint

Answer 7

1. Settle
2. Default
3. Default plus collateral attack
4. Answer
5. Pre-Answer Motion

Question 8

Default Judgment

Answer 8

• Rule 55: judgment is entered against the defendant if they fail to appear and defend
• May choose if: the defendant would lose anyway, they have no money to fight the case or they are planning a collateral attack

Question 9

Default Plus Collateral Attack

Answer 9

• Default through Rule 55 and then attack the validity of the judgment when the party tries to enforce it
• May attack on grounds of subject matter jurisdiction, personal jurisdiction or lack of notice
• Allows a defendant who cannot afford/does not want to face litigation in another state to face the problem in their home state
• Should only do this if completely certain you will win or if the client’s only other option is default and there is a non-frivolous argument to be made against the judgment

Question 10

Answer

Answer 10

• Client must admit or deny each allegation (Rule 8(b)), assert defenses (Rule 12(h) and Rule 8(c), assert a compulsory counterclaim (Rule 13(a))
• Deadline is set out in Rule 12(a) - 21 days from the date the client was served, 60 days if a waiver if filed

Question 11

Pre-Answer Motion

Answer 11

• Waivable Defenses (must be raised in the answer or pre-answer motion or cannot be argued later): Rule 12(b)(2) - 12(b)(5) - lack of personal jurisdiction, improper venue, insufficient process improper service
• Non-Waivable Defenses (can be asserted at any time): Rule 12(b)(1) and 12(b)(6) - lack of subject-matter jurisdiction, failure to state a claim
• Must bundle all motions in the pre-answer motion or answer, cannot submit them sequentially