Pleadings Flashcards
Rule 8 Requirements
(1) short and plain statement of the grounds for the court’s jurisdiction;
(2) short and plain statement of the claim showing the pleader is entitled to relief; and
(3) demand for relief sought, which may include relief in the alternative or different types of relief.
Complaint has to do two things: 1) go beyond conclusory assertions of liability and 2) plead non-conclusory facts that seem “plausible” in the light of “judicial experience and common sense.”
Rule 12(b)(6)
Failure to state a claim upon which relief may be granted
This motion may be made before any answer
It says that even if the facts alleged in the complaint are true, the plaintiff has failed to “state a claim”
Legally, the allegations don’t amount to a cause of action
Rule 8: Defenses; Admissions and Denials
(b) (1) In responding to a pleading, a party must
(A) state in short and plain terms its defenses to each claim asserted against it; and
(B) admit or deny the allegations asserted against it by an opposing party.
.
(c): Affirmative defenses
(3) General denial not favored
(5) lack knowledge or information sufficient to form a belief about the truth of an allegation – effect of a denial
Effect of failure to deny –admitted.
- Not applicable to allegation as to amount of damage
- Not applicable to other allegations to which no responsive pleading is required
Rule 12(b)
How to Present Defenses.
Every defense to a claim for relief must be asserted in the responsive pleading, but a party may assert the following defenses by motion:
(1) lack of SMJ
(2) lack of personal jurisdiction
(3) improper venue
(4) insufficiency of process
(5) insufficiency of service of process
(6) failure to state a claim upon which relief may be granted
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed
Twombly
Cause of Action: antitrust
Applicable pleading standard: Rule 8
Possibility is not enough. Plausibility is required, though probability is not.
A complaint “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true”
“We do not require heightened fact pleading of specifics, but only enough facts to state a claim 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.”
Iqbal
General and Conclusory Allegations
Assertions were formulaic recitation of elements of a claim.
Rule 8 after Twiqbal
Rule 8 does not require detailed factual allegations, but it does require more than conclusions or formulaic recitation of the elements of the cause of action.
A claim has facial plausibility when the P pleads factual content that allows the court to draw the reasonable inference that the D is liable for the misconduct alleged.
When a complaint pleads facts that are merely consistent with a D’s liability, it stops short of the line between possibility and plausibility to “entitlement to relief.”
Rule 9 - Pleading Special Matters
(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Rule 8(c) - Affirmative Defenses
A party must affirmatively state any avoidance or affirmative defense, including contributory negligence, fraud, illegality, statute of frauds, statute of limitations, etc.
Rule 11 (a) - Ethical Limitations
(a) Every pleading, written motion, and other paper must be signed by the party’s attorney, or by a party personally if the party is unrepresented. . . . The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or the party’s attention.
Rule 11 (b)
(b) By presenting to the court a pleading, written motion, or other paper, – whether by signing, filing, submitting, or later advocating it – an attorney or unrepresented party certifies that to the best of the person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances . . .
1. It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
2. The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for change in law;
3. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
4. The denials of facts are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
Rule 11 (c)
- If, after notice and reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm or party that violated the rule or is responsible for the violation. . . .
- A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). Other party given 21 days to withdraw or correct.
- On its own, the court may order an attorney, law firm or party to show cause why it has not violated this rule.
- A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others. . .
- No monetary sanction against a represented party for violating (b)(2) or without a hearing first.
