Course Overview Basic Pleadings Flashcards
What is a pleading?
FRCP 8(a)
papers containing factual allegations that supports claims in a civil law suit
What is the Plaintiff’s first pleading?
FRCP 8(a)
is a complaint stating grounds for subject matter Jurisdiction,, a short and plain statement reflecting entitlement to relief or demand for relief
What is the defendant’s first pleading?
FRCP 8 (b)-(c)
It is an answer. It responds to the factual allegations of the complaint and asserts defenses
If a defendant includes in an answer in a claim against the plaintiff it is called ?
A counter claim
If a defendant includes an answer in his claim against a co-defendant it is called?
a cross-claim
What is a demurrer?
a motion to dismiss for an insufficient claim for failure to state a claim
Heightened Pleadings
Pleading with particularly
In Civil Procedure, the concepts of heightened pleading and pleading particularity come into play when plaintiffs are required to provide more specific allegations in their complaints than the typical “notice pleading” standard under Federal Rule of Civil Procedure 8(a)
Heightened Pleading Standard
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.”
This is known as the “who, what, when, where, and how” test.
The heightened standard requires the plaintiff to plead:
Who committed the fraud.
What fraudulent statements or actions were made.
When the fraud occurred.
Where the fraud took place.
How the fraudulent scheme worked.
Examples of claims requiring heightened pleading
Fraud: Misrepresentation or deceit where specific details about the fraudulent conduct are required.
Mistake: Errors in judgment or fact, which must be specifically explained.
Special statutory claims: Some federal statutes impose heightened pleading for claims like securities fraud (e.g., Private Securities Litigation Reform Act).
CASE: Reading Leatherman v
Tarrant County Narc Intelligence
Issue
Whether the heightened pleading standard, more stringent than the usual Rule 8(a) of the Federal Rules of Civil Procedure, could be applied to § 1983 cases alleging municipal liability.
The Supreme Court held that a heightened pleading standard could not be applied to these cases. The Court emphasized that Rule 8(a) requires only a “short and plain statement of the claim,” providing defendants with fair notice of the claim and its basis.
Civil rights cases
are not among heightened pleadings
Key differences of Heightned and pleading with particularity
Rule of standard
Heightened is governed by rule 8a and clarified by Twombly / lqbal
Pleading with Particularity
Governed by Rule 9b
Scope
Heightened applies to all claims requiring plausibility
Pleading by Particularity
Limited to fraud and mistake claims
Level of specificity
Heightened requires facts that make the claim plausible
Pleading by Particularity
Requires the Who, what, when, and how test of fraud.
Purpose
Heightened discourage speculative or baseless claims
Pleading with particularity prevents frivolous or vague fraud claims
Examples:
Heightened are trust, conspiracy, and civil rights
Pleading by particularity is fraud, misrepresentation, securities fruad
Private securities litigation act
requires plaintiffs to state with particularity facts giving rise” to a strong inference that the defendant acted with required state of mind.
Case: Conley v Gibson 1957
TIp: Supercede by Bell Atlantic Copr v Twombly which required plaintiff to allege enough facts to make a claim plausible on its face
Issue
The issue before the Court was whether the complaint filed by the plaintiffs stated a valid claim for relief and whether the federal courts had jurisdiction to hear the case despite arguments that the National Railroad Adjustment Board had exclusive jurisdiction.
The Supreme Court held that the federal courts had jurisdiction to hear the case. The Court determined that the plaintiffs’ complaint adequately stated a claim upon which relief could be granted, as it alleged that the Union had discriminated against the plaintiffs based on race, thus breaching its statutory duty to represent them fairly under the Railway Labor Act.
