The Complaint

Question 1

What three things does a complaint have to contain per Rule 8a?

Answer 1

1. Grounds for jurisdiction
2. A short and plain statement of the claim showing that the pleader is entitled to relief; and
3. Demand for relief

Question 2

What does “showing” require?

Answer 2

Factual sufficiency and plausible inferences

Question 3

What is the Twiqbal 2 Step?

Answer 3

1. Iqbal: Does the complaint contain only legal conclusions?
   i. Legal conclusions not entitled to advance
   ii. Conclusions and facts? Ignore conclusions and facts advance to step 2
2. Twombly
   i. Direct facts? Taken as true
   ii. Facts require inference? Inference must be plausible per judicial experience and common sense

Question 4

Heightened standard for pleading fraud includes:

Answer 4

Per Rule 9(b) and Bledsoe: Must state with particularity:

1. Time, place, content of misrepresentation alleged
2. Fraudulent scheme alleged
3. Injury resulting from fraud alleged

Question 5

Heightened standard for pleading special damages:

Answer 5

Damages must be specifically stated when the damages claimed are not of nature that would usually result from defendant’s conduct. See Browning where she alleged unspecified loss of sales

Question 6

Rule from Conley v. Gibson

Answer 6

A complaint needs sufficient facts to give notice

Question 7

Rule from Swierkiewicz

Answer 7

Complaint needs some facts, but doesn’t need facts under each element of the claim

Question 8

Rule from Twombly

Answer 8

While facts presented are taken as true, inferences made in a complaint must be plausible to survive a 12(b)(6) motion.

Question 9

Rule from Iqbal

Answer 9

Legal conclusions are not not entitled to presumption of truth.