Matchy Matchy
Ashcroft v. Iqbal
A complaint must allege facts that are plausible, not just conceivable, on their face in order to state a claim.
FRCP 20
Permissive joinder of parties (what is it?)
A complaint was filed against you, how much time do you have to respond?
21 days
In order for summary judgment to be granted, there must be a lack of what?
Genuine dispute of material fact
What is the difference between counterclaim and crossclaim?
A counterclaim is made by a defendant against the plaintiff. A crossclaim is made by a defendant against another defendant.
Hickman v. Taylor
An attorney’s work product is protected by privilege and is not discoverable, unless that information is critical to the opposing party’s case and it cannot be retrieved elsewhere.
FRCP 56
Summary Judgement (say what it is)
A complaint was filed against you, what three things can you do?
File an answer, move to dismiss, move for a more definite statement
When considering a 12(b)(6) motion, how does the judge view the facts alleged in the complaint?
The judge takes all alleged facts to be true, and ignores all else, including conclusory statements.
What two qualifications need to be met for you to join parties?
Plaintiffs or defendants may be joined if they assert any right to relief/any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences AND any question of law or fact common to all plaintiffs or defendants will arise in the action.
Matthews v. Eldridge
When determining whether the administrative procedures for termination of benefits meet due process, three factors must be considered
FRCP 65(b)
Temporary Restraining Orders
The Judge just set a timeline for discovery. Name the five tools available for discovery.
Depositions, Interrogatories, Document Production, Physical/Mental Examinations, Requests for Admission
Any fact brought in support of or in response to a motion for summary judgment, must also qualify as this?
Admissible evidence
When does FRCP 15(c) not apply?
When the statute of limitations has not yet passed.
Boddie v. Connecticut
As courts are the one venue for obtaining a divorce, it is a due process violation to restrict access to the courts solely on the grounds of an inability to pay.
FRCP 26(a)(1)
Discovery: mandatory initial disclosures (what do you have to provide?)
Plaintiff has previously filed two lawsuits against you that were dismissed outright on the facts. You receive a third alleging the exact same facts. What extra steps should you take in addition to a motion to dismiss? Assume all three lawsuits have the exact same facts and causes of action.
You should file a separate motion for sanctions pursuant to FRCP 11 at least 21 days after the new complaint has been filed.
Which of the 12(b) motions to dismiss is something that is later specified (in FRCP 12(h)(3)) as grounds for immediate dismissal any time the court determines it is present?
FRCP 12(b)(1): Lack of subject-matter jurisdiction
What are the requirements for a FRCP 15(c)(1)(C) relation back?
The party to be brought in by amendment must have (within the time listed in FRCP 4(m)) received such notice of the action that it will not be prejudiced in defending on the merits AND they knew or should should have known that the action would have been brought against, it, but for a mistake concerning the proper party’s identity.
Celotex Corp. v. Catrett
The party moving for summary judgment only needs to show that the opposing party lacks evidence to support its case, you don’t need to actively disprove the opposing party’s case
Representations to the court (i.e. what you are certifying by submitting something that you have signed to the court)
The plaintiff sues the defendant on 4 causes of action. The defendant denies 3 causes of action but does not respond to the last cause of action. What happens to the last cause of action?
The plaintiff wins on that cause of action. A failure to deny constitutes an admission.
Two years after it occurred, Salsgraf sues her Uber driver for battery for intentionally running over her foot. The Uber driver moves for summary judgment on the grounds that the statute of limitations is one year. Salsgraf counters with recordings of the driver's threats to prove his intent to make contact with her. Should this motion be granted? (Show your work)
Yes, it should be granted. Here, the issue of law is the statute of limitations. Salsgraf has made no effort to show that the event happened within the applicable statute of limitations and so there is no dispute as to whether or not it has run out.
Using cases that we have read, what counts as a mistake under FRCP 15(c)?
Listing “unknown persons” is not a mistake. (Singletary) Listing the wrong, similarly-named, legally-related company is a mistake. (Krupski)