PLEADINGS Flashcards
PLEADING
A form that tells the court why the plaintiff is suing.
BYZANTINE MEDIEVAL PLEADING REQUIREMENTS
Correct language
Correct form
Correct court
Correct lies
FRCP 8
(a) “A pleading . . . must contain:”
(1): “a short and plain statement of the grounds for the court’s jurisdicition . . .” (2): “a short and plain statement of the claim showing that the pleader is entitled to relief; and” (3) “a demand for the relief sought . . .”
CONLEY NOTICE PLEADING
A complaint can be dismissed only if it appears to the court that the plaintiff can prove no set of facts entitling the plaintiff to relief.
A response to the extremely defendant-friendly English pleading system.
Very advantageous to plaintiffs: almost any claim survives pleading.
The Court has to think that the plaintiff can prove at least one fact relevant to the claim EVENTUALLY.
CONLEY NOTICE PLEADING: DOWNSIDES
A gift to plaintiffs bringing frivolous claims in bad faith.
The low bar for pleadings makes it easy to drag defendants into discovery.
Discovery is expensive.
Antitrust claims are EXTREMELY complicated and highlight a disadvantage to defendants under Conley
End of Conley began with an antitrust case
FRCP 12(b)(6)
Motion to dismiss for failure to state a claim upon which relief can be granted.
In English: “Even if everything you claimed were true, none of it is illegal. So you have no viable cause of action against me.”
THE most common way to dismiss a claim at the pleading stage. Ends the lawsuit before it goes to discovery or trial; saves money.
BELL ATLANTIC CORP. v. TWOMBLY
One of the most important cases in the last 30 years.
The birthplace of PLAUSIBLITY PLEADING.
The Court said that “after puzzling the profession for 50 years, [the ‘no set of facts’ standard] has earned its retirement. . . .[W]e do not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face. Because the PLAINTIFFS HERE HAVE NOT NUDGED THEIR CLAIMS ACROSS THE LINE FROM CONCEIVABLE TO PLAUSIBLE, their complaint must be dismissed . . . .”
Thus, Conley notice pleading is done away with, breaking 50 years of precedent.
PRICE FIXING
PARALLEL CONDUCT
ASHCROFT v. IQBAL
End of CONLEY NOTICE PLEADING
Did Iqbal state a claim for which relief can be granted?
SCOTUS upholds Twombly, saying plausibility pleading applies to “all civil actions.”
“Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.”
PLAUSABILITY PLEADING STANDARD
“[O]nly a complaint that states a plausible claim for relief survives a motion to dismiss.”
Not a “probability requirement.” Asks for more than a sheer possibility that a defendant acted unlawfully.
PLAUSIBILITY PLEADING: UPSIDE
Plausibility (beyond mere possibility) is a significant obstacle to plaintiffs bringing frivolous claims in bad faith.
PLAUSIBILITY PLEADING: DOWNSIDE
Plausibility requirement is a significant obstacle to plaintiffs bringing legitimate claims who were actually harmed.
Truth is stranger than fiction.
Fiction has to make sense. Reality doesn’t.
Incredible travesties of justice tend not to be plausible.
Some facts may be needed to survive plausibility pleading that are only obtainable through discovery (ex., getting an incriminating email to prove wrongful termination).
