Pleading
Requires a complaint to contain a "short and plain statement of the claim showing that the pleader is entitled to relief." It does not require detailed facts, legal theories, or evidence.
What is Rule 8(a)(2)-Elements of a complaint?
Allows a nonparty to enter an ongoing lawsuit if they have a sufficient stake in the outcome. There are two types.
What is Rule 24-Intervention?
Governs what courts can do when a party fails to comply with discovery obligations
What is Rule 37-sanctions?
1. Saves Time -> Avoids the long delays of litigation and trial
2. Saves Money -> Reduces attorney's fees, discovery costs, expert costs, and court expenses
3. Certainty of Outcome -> Parties control the result instead of risking an unpredictable jury or judge
4. Confidentiality -> Settlements can be private; trials are public
5. Emotional + Relationship -> avoids stress, public exposure, and helps preserve ongoing business or personal relationships
6. Flexibility -> parties can negotiate creative remedies not available in court (payment plans, apologies, policy changes, etc.)
7. Reduces Court Burden -> Courts favor settlement because it clears their dockets
8. Avoids Risk of Appeal -> a settlement is final - no costly or lengthy appeals
What are the benefits of settlement?
Mary Grace was doing this when she was questioned about doing it in class
What is putting on chapstick?
Requires certain matters to be pled with particularity instead of the usual Rule 8 notice standard.
What is Rule 9-Heightened Pleading?
(a): Four Prerequisites (numerosity, commonality, typicality, adequacy)
- too many members to join
- common questions
- representative's claims typical
- representative adequately protects class
(b): Types
1. Prejudice-based (incompatible outcomes)
2. Injunction/declaratory relief
3. Damages class (predominance + superiority)
Courts must also do class certification and approve settlements
What is Rule 23-Class Actions?
After a tugboat accident, the defendant's lawyer interviewed surviving crew members and took notes. The plaintiff requested these notes in discovery. The Supreme Court held that an attorney's written statements, mental impressions, and notes prepared in anticipation of litigation are protected by the work-product doctrine and are not discoverable absent a strong showing of necessity.
Holding: Ordinary discovery does not entitle a party to obtain an attorney's interviews, notes, or mental impressions prepared during litigation prep. To overcome this protection, the requesting party must show substantial need and undue hardship in getting the information elsewhere.
Why it Matters: This case established the work-product doctrine, later codified in Rule 26(b)(3). It protects attorney strategy and ensures the adversarial system remains fair by preventing freeloading on another lawyer's investigative work.
What is Hickman v. Taylor?
1. Notice
- Parties must receive adequate notice of the claim and the proceedings
- notice must be reasonable calculated to reach the defendant (Mullane standard)
2. Opportunity to be Heard
- a party must have a meaningful opportunity to present their side
- hearings must occur at a meaningful time and in a meaningful manner
3. Fairness/Neutral Decision-Maker
- proceedings must be fair and free from bias or conflict of interest
- judges must be neutral
4. Preventing Arbitrary Deprivations
- the government cannot deprive someone of life, liberty, or property without fair procedures.
5. Limiting personal jurisdiction
- a court cannot assert PJ unless the defendant has minimum contacts
- this protects against being sued in a forum with no meaningful connection
6. Reasonableness of Burdens
- litigation procedures cannot impose excessive or surprising burdens on parties
7. Notice-Pleading Boundaries
- even under Rule 8, complaints must give fair notice of the claim
8. Class Actions and Binding Absent Parties
- Rule 23 must provide sufficient protections for absent class members (adequate rep, notice, opt-out rights)
9. Summary Judgment Standards
- Cannot deprive a party of trial unless no genuine dispute of material fact exists - ensures fairness
10. Discovery Limits
- Discovery must be proportional so it does not become an abusive, oppressive, or unconstitutional burden
What are due process concerns?
Tim expressed this facial expression
What is smile?
Requires attorneys (or pro se parties) to certify that papers filed with the courts are:
- not for improper purpose
- legally warranted or contain a nonfrivolous argument
- factually supported, or likely to be supported after discovery
- denials are warranted based on evidence or belief
Violations can lead to sanctions, but the rule includes a safe-harbor. The party must be given 21 days to withdraw or correct the challenged filing before sanctions can be imposed.
What is Rule 11-Sanctions?
Holding: Joinder was allowed under Rule 20 because the plaintiffs' claims arose from a series of related discriminatory acts-a company-wide policy-and there was at least one common question of law or fact among them.
Why it Matters: the case sets a very broad standard for "same transaction or occurrence" under Rule 20, allowing plaintiffs to join together in discrimination cases when the underlying policy or practice is the same
What is Mosley v. General Motors?
The Supreme Court held that the attorney-client privilege in corporation is not limited to "control group" employees. Instead, the privilege extends to any corporate employee who provides information to corporate counsel at the direction of superiors so the company can obtain legal advice. The Court also reaffirmed strong protection for attorney work product, especially opinion work product, which is nearly absolutely protected.
What is Upjohn v. United States?
Judges may:
- encourage settlement
- manage settlement conferences (Rule 16)
- approve settlements in class actions (Rule 23(e))
- raise issues about fairness or adequacy
But judges may NOT:
- coerce parties
- threaten sanctions or bias future rulings
- force settlement terms
This is to facilitate, not compel, to ensure fairness, and to protect absent class members
What is the judicial role in settlement?
Victoria's body did this, which apparently disrupted the whole class.....only it didn't
What is stomach growling?
Lists defenses that can be raised by motion before answering. The big one is (6): failure to state a claim. Other major defenses:
1. Lack of subject-matter jurisdiction
2. Lack of personal jurisdiction
3. Improper venue
4. insufficent process
5. insufficient service
6. failure to state a claim
7. failure to join a required party
Some (PJ, venue, service) are waived if not raised in the first response.
What is Rule 12(b)-Motions?
Smokers from different states sued cigarette manufacturers together, claiming their smoking-related illnesses were caused by the same defective products. The court denied permissive joinder under Rule 20 because the plaintiffs' claims did not arise out of the same transaction or occurrence - each plaintiff had different smoking histories, exposures, injuries, and timelines.
Holding: The plaintiffs could not join their claims in one suit because their individual experiences with smoking were too distinct to satisfy Rule 20's "same transaction or occurence" requirement.
Why the Case Matters: It illustrates that Rule 20 has limits: even when claims involve similar products and injuries, they cannot be joined unless they arise from the same factual circumstances.
In this case, the plaintiff claimed defamation after a former employer wrote a negative letter about her to a potential employer. The court held that the letter was not defamatory because it expressed protected opinion, not false statements of fact.
Key Rule: Defamation requires a false statement of fact; opinions - even harsh ones - are not actionable
Why It Matters: The case illustrates the critical distinction between fact vs. opinion in defamation law and shows how courts analyze whether a communication is capable of a defamatory meaning
What is Davis v. Ross?
Hearing this and not owning up to it happened to someone......it was Priscilla
What is having your phone go off in class?
Allows a party to move for judgment on the pleadings after pleadings are closed but early enough not to delay trial. It tests the legal sufficiency of the pleadings - similar to 12(b)(6) - but comes later, once both sides have filed their pleadings.
What is Rule 12(c)-Judgment on the Pleadings?
P sued D and its clubs alleging they conspired to suppress minor-league player wages, violating antitrust laws. D moved to dismiss, relying on the long-standing "baseball exemption" - a judge-made doctrine holding that professional baseball is exempt from federal antitrust law.
Holding: The court dismissed the antitrust claims because the baseball antitrust exemption still applies, even though the minor leagues are economically connected to MLB. Only Congress or the Supreme Court can change that rule.
Why It Matters: Shows that the antitrust exemption for baseball remains incredibly broad, blocking wage-suppression and labor-related antitrust suits - even when the policy seems outdated.
What is Camacho v. MLB?
The court dismissed the claim because the plaintiff did not plead facts showing the defendant owed a legal duty to warn. The complaint was substantively insufficient, even if the facts were true (similar to Mitchell v. Archibald)
What is Kozlowski v. Sears?
Doing this apparently disrupts the class, only it only was a disruption when she stopped her lecture to point it out......Tim had guts to get up after she disrupted class about it
What is get up to use the bathroom in class?