Pleadings

Question 1

What was Conley v. Gibbs pleading standard?

Answer 1

“Any set of rules or facts”
Very broad

Question 2

Twombly + Iqbal - Standard Basis

Answer 2

Facial Plausibility

Question 3

Twombly + Iqbal Pleading Standard

Answer 3

• 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

Question 4

Twombly + Iqbal - Liability & Plausibility

Answer 4

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

Question 5

Policy Q – Why the change from Conley to Twombly

Answer 5

• Conley flooded court
• Acts as a qualification standard by limiting frivolous claims

Question 6

Twombly/Iqbal Pleading Stnd Pros and Cons

Answer 6

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

Question 7

What are the 2 sufficiency types req’d for pleadings

Answer 7

1. Factual (does the case have enough facts for litigation to proceed)
2. Legal (Assuming factual sufficiency, does the claim meet the legal elements)

Question 8

Factual Sufficiency (Pleading)

Answer 8

Does the case have enough facts for litigation to proceed?

Question 9

Legal Sufficiency (Pleading)

Answer 9

Assuming factual sufficiency, does the claim meet the legal elements?

Question 10

Rule 8

Answer 10

Pleadings

Question 11

What is required in a pleading?

Answer 11

1. State of court’s jurisdiction (why does court have jurisdiction over this claim?) (Rule 8(a)(1))
2. A short and plain statement of the claim showing the pleader is entitled to relief (Rule 8(a)(2))
3. Demand for relief/what are you seeking? (Rule 8(a)(3))
   + 4.&5. Factual & Legal Sufficiency

Question 12

Heightened Pleading Standards?

Answer 12

Yes, some claims have heightened pleading standards
- Example: Fraud

Question 13

Pleadings - Policy Goals

Answer 13

• Puts on notice
• States facts
• Narrow issues
• Stuff actually in dispute
• Dispose of meritless claims and dispenses

Question 14

Two Types of Responses to a complaint

Answer 14

1. Answer
2. Motion to Dismiss

Question 15

The Answer - 2 requirements

Answer 15

1. a) Respond to allegations in complaint (Admit, Deny, Lack of Knowledge, Motion to Dismiss)
2. b) Raise affirmative defenses

Question 16

The Answer – a) Respond to Allegations

Answer 16

1. Admit
2. Deny
3. Lack of knowledge

OR motion to dismiss

Question 17

The Answer – The Response to Allegations - Options & Description

Answer 17

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

4. Motion to dismiss (PJ, Venue, Process, Service defenses MUST be asserted in D’s first response in order to be raised at all)

Question 18

Affirmative Defenses

Answer 18

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)

Question 19

The Answer – b) Raise Affirmative Defenses

Answer 19

Rule 8c

Examples
- Statute of Limitations
- Duress

Question 20

Affirmative Defenses & Waiving The Right

Answer 20

If don’t put in affirmative defense, then you waive the right to assert them (some exceptions)

Question 21

What are the motions to dismiss that must be filed in the first answer in order to be raised at all?

Answer 21

1. Personal Jurisdiction
2. Venue
3. Insufficient process (documental issues)
4. Insufficient Service of Process

Question 22

12(b) - Motion to Dismiss - About

Answer 22

• 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

Question 23

What are the Motion to Dismiss Defenses

Answer 23

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

Question 24

Failure to State a Claim - Motion to Dismiss

Answer 24

Motion 12(b)(6)

Question 25

Motion 12(b)(6)

Answer 25

• 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

Question 26

If you do not deny an allegation or claim lack of knowledge then…

Answer 26

it is deemed admitted