Pleadings Flashcards
What was Conley v. Gibbs pleading standard?
“Any set of rules or facts”
Very broad
Twombly + Iqbal - Standard Basis
Facial Plausibility
Twombly + Iqbal Pleading Standard
- Plaintiff has to plead facts that make it seems that liable explanation is outright more plausible than the non liable explanation or the liable is at least in the same ballpark as plausibility as non liable explanation
- Wide pleading standard
- Erases Conley’s “any facts rule”
- Become plausibility standard across the board
- Applicability - Hard to predict
Twombly + Iqbal - Liability & Plausibility
We are going to assume that if the liable explanation is in same ballpark of plausible as the non liable explanation then it will survive dismissal under Twiqbal
Policy Q – Why the change from Conley to Twombly
- Conley flooded court
- Acts as a qualification standard by limiting frivolous claims
Twombly/Iqbal Pleading Stnd Pros and Cons
Pros
- Preserves resources because requires frivolous claims to have more information upfront
- Less likely defendants will be burdened with litigation
Cons
- Judges can apply the stnd very differently when the guilty is very close to innocent explanation
- Less predictability
- Disuniformity across jurisdictions
- Gets rid of meritious claims
- Discourages ppl from filing complaints because of higher threshold
What are the 2 sufficiency types req’d for pleadings
- Factual (does the case have enough facts for litigation to proceed)
- Legal (Assuming factual sufficiency, does the claim meet the legal elements)
Factual Sufficiency (Pleading)
Does the case have enough facts for litigation to proceed?
Legal Sufficiency (Pleading)
Assuming factual sufficiency, does the claim meet the legal elements?
Rule 8
Pleadings
What is required in a pleading?
- State of court’s jurisdiction (why does court have jurisdiction over this claim?) (Rule 8(a)(1))
- A short and plain statement of the claim showing the pleader is entitled to relief (Rule 8(a)(2))
- Demand for relief/what are you seeking? (Rule 8(a)(3))
+ 4.&5. Factual & Legal Sufficiency
Heightened Pleading Standards?
Yes, some claims have heightened pleading standards
- Example: Fraud
Pleadings - Policy Goals
- Puts on notice
- States facts
- Narrow issues
- Stuff actually in dispute
- Dispose of meritless claims and dispenses
Two Types of Responses to a complaint
- Answer
- Motion to Dismiss
The Answer - 2 requirements
- a) Respond to allegations in complaint (Admit, Deny, Lack of Knowledge, Motion to Dismiss)
- b) Raise affirmative defenses
The Answer – a) Respond to Allegations
- Admit
- Deny
- Lack of knowledge
OR motion to dismiss
The Answer – The Response to Allegations - Options & Description
Rule 8b
Answer:
1. Admit (binding)
2. Deny
—–a) General (deny entire complaint | everything from spelling of name & forward | rare in federal court because fed ct requires to go through each allegation & respond)
—–b) Specific (Individual allegation, can deny that entire single allegation or a specific part of it
3. Lack of Knowledge (Can say not enough info or knowledge to admit or deny but does not have to explain)
OR
- Motion to dismiss (PJ, Venue, Process, Service defenses MUST be asserted in D’s first response in order to be raised at all)
Affirmative Defenses
When defendant injects something new that eliminate or reduces liability
Something more than what plaintiff is saying is false —> self defense (inserting new facts that if true would reduce or eliminate liability)
The Answer – b) Raise Affirmative Defenses
Rule 8c
Examples
- Statute of Limitations
- Duress
Affirmative Defenses & Waiving The Right
If don’t put in affirmative defense, then you waive the right to assert them (some exceptions)
What are the motions to dismiss that must be filed in the first answer in order to be raised at all?
- Personal Jurisdiction
- Venue
- Insufficient process (documental issues)
- Insufficient Service of Process
12(b) - Motion to Dismiss - About
- Allows D to raise certain defenses prior to filing an anwer
- Can delay – if court denies motion, D has an additional 14 days to respond to initial complaint
- 7 defenses
What are the Motion to Dismiss Defenses
7 Defenses
1. Lack of SMJ (Can raise at any time)
*2. Lack of personal jurisdiction
*3. Improper venue
*4. Insufficient process (challenging the documents – like mess up on court claim w/ names)
*5. Insufficient service of process
6. Failure to state a claim
7. Failure to join a party
*Must be raise before or in first response in order to be raised at all
Failure to State a Claim - Motion to Dismiss
Motion 12(b)(6)
Motion 12(b)(6)
- Movant must assume everything in claim is TRUE
- This is about ACCUSATIONS not evidence!!
- Cannot deny P’s evidence
- Cheap, comes before discovery, only requires file of a single pleading
Very hard to win:
—Assume everything P says in complaint are true
—Can’t add any facts of your own
Then how do you win
–Factual defeat (Factual Insufficiency): When factual information of the complaint is not enough to state a claim thats plausible on its face
–Legal insufficient (Legal Insufficiency): Facts does not speak to the elements (e.g., consortium claim, not married to the victim which is a required element)
-If compliant reveals an absolute defense (P plead himself out of lawsuit)
—-D pleads facts in compliant that shows the statute of limitations has expired
If you do not deny an allegation or claim lack of knowledge then…
it is deemed admitted
