Pleadings Script

Question 1

What FRCP?

Answer 1

8
9
11
12
15

Question 2

Conley

Answer 2

The lowest and broadest standard of the complaint. Required only a plain statement of claim, referred to as the “bare bones complaint.” Under Conley, the purpose of the complaint was to give the defendant notice.

Question 3

Twombly

Answer 3

Recognized the low standard set forth in Conley, finding it would allow almost anyone to get into court through the assertion of a very vague claim. Heightened this standard by introducing the need for plausible facts. Plausible facts are ones that assert what did happen, rather than what could happen. Facts must be plausible enough such that they would allow a case to survive a MTD or get to trial. It also recognized the need to avoid conclusory or speculative statements.

Question 4

Erickson

Answer 4

This case held the plausible standard only pertained to antitrust cases.

Question 5

Iqbal

Answer 5

Found Erickson to be erroneous in that the plausibility standard was applicable to all federal cases (with the exception of those within rule 9). This case gave the court a two-pronged test when assessing plausibility: First, the court is to identify allegations that are not entitled to an assumption of truth and to ignore conclusory statements. Next, once alleged facts have been identified, the court will evaluate factual assertions that address plausibility and suggest entitlement to relief. They do this in consideration of their judicial experience and common sense.