ICK-Bal
These recitals of legal conclusions are tattered with age; and also leave plaintiffs out of court.
What are threadbare recitals?
If a defendant fails to deny an allegation in the answer, it is treated as this.
What is an admission?
A counterclaim that does not arise from the same transaction or occurrence as the plaintiff's claim is called this.
What is a permissive counterclaim?
A party is required under Rule 19 if, in their absence, the court cannot accord this.
What is complete relief among existing parties?
All class actions must satisfy numerosity, commonality, this, and adequacy of representation.
What is typicality?
No one knows what plausible means, but we do know it falls somewhere between these two concepts of potential success.
What are Possible and Probable?
Even after the deadline passes, courts are supposed to be generous—Rule 15 says leave to amend should be granted this way.
What is freely?
A crossclaim is a claim by one party against this party.
Who is a co-party?
If a required party cannot be joined, the court must decide whether to do this based on the Rule 19(b) factors.
What is dismissal?
Class Actions seeking damages must proceed under this subsection of Rule 23.
What is Rule 23(b)(3)?
This is the latest time during a civil lawsuit that you can raise a 12(b)(6) motion in federal court.
What is trial?
I don't know, man--I think you are out of luck in relating your amendment back to the original date of the complaint if your failure to name the right party was based on a lack of this.
What is knowledge?
At the very least, compulsory counterclaims almost always satisfy this form of federal subject-matter jurisdiction.
What is supplemental jurisdiction?
This rule of party joinder shares the "logical relationship" test with Rule 13(a).
What is permissive party joinder under Rule 20(a)?
Classes of this many members have generally been found to satisfy numerosity.
What is 40?
The Court must disregard these types of statements, whose name suggests that the plaintiff cuts right to the end of the story, and which state simply that the legal element is satisfied.
What are conclusory statements?
A party can get away with alleging a fact with no evidentiary support without violating Rule 11(b) if the party believes that they will find such evidence after a reasonable opportunity for this.
What is discovery (or further investigation)?
Under Rule 18, a party can assert as many claims as it wants against this type of party.
Who is an opposing party?
Under Rule 14(a)(3), this party can bring claims against third-party defendants.
Who is the original plaintiff?
This Rule 23(a) element is presumed absent evidence to the contrary.
What is adequacy of counsel?
Removed for dumbness
If a defendant really means to deny part of an allegation in a complaint but does not specify which part, they may get in trouble because their answer does not respond to the substance of the allegation in this manner.
What is fairly?
Under the Heyward-Robinson test, a counterclaim need only have a logical relationship to the plaintiff's claim to be compulsory under Rule 13(a); the claims do not need this.
What is an absolute factual match (or absolute identity of factual backgrounds)?
The amount-in-controversy requirement for statutory interpleader is this.
What is $500?
Under Wal-Mart, the commonality prong is met only if each plaintiff's claim shares a common contention that is capable of this type of resolution.
What is classwide resolution?