Pleadings
What are pleadings, and what is their purpose?
Formal documents that present the parties' claims and defenses, give notice, and define the issues in dispute.
What is the main purpose of a complaint?
To initiate a lawsuit, give the defendant fair notice of the claims and their grounds, and identify the relief sought.
what does a pleading contain?
jurisdiction, statement of the claim, and demand for relief
What is the difference between a possible claim and a plausible claim?
A possible claim suggests liability might have occurred. A plausible claim contains enough factual allegations to permit a reasonable inference that the defendant is liable.
What is heightened pleading?
A pleading standard requiring greater specificity for certain allegations, particularly fraud or mistake.
What two documents are generally served on the defendant to notify them of the lawsuit?
summons and complaint
What three things must a complaint contain?
A short and plain statement of the grounds for jurisdiction, a short and plain statement showing entitlement to relief, and a demand for relief.
with what does a party answer?
Answer and / or motion to dismiss
What are the two steps of the Iqbal analysis?
identifying and disregarding legal conclusions, then determining whether the remaining well-pleaded facts plausibly establish entitlement to relief?
What must a plaintiff include when alleging fraud or mistake?
The circumstances constituting the fraud or mistake must be stated with particularity
What are the three principal pleadings discussed in class?
complaint, answer, and (occasionally) reply
A plaintiff alleges two different theories of liability that are inconsistent. Can both appear in the complaint?
Yes. Alternative and inconsistent claims are permitted, subject to good-faith pleading obligations.
Under Rule 8(b), what must a defendant do with the plaintiff's factual allegations?
admit or deny them (or properly state insufficient knowledge)
what is the phrase he wants us to memorize?
Do the nonconclusory factual allegations, taken as true, establish a plausible—not just possible—claim?
A plaintiff alleges, "The defendant fraudulently induced me to sign a contract," without any supporting details. Is that sufficient?
No. A bare allegation of fraud is insufficient. The plaintiff must plead the circumstances constituting the fraud with particularity.
What is the primary purpose of notice pleading?
To give the defendant fair notice of the claims and the grounds on which they rest, rather than proving the entire case at the pleading stage.
A plaintiff alleges that a store owner was negligent but provides no facts explaining what happened. What is wrong with the complaint?
It contains a conclusory allegation without sufficient factual support to establish a plausible claim.
what generally happens when an allegation requiring a response is not denied, excluding allegations about damages?
allegation is admitted
which allegations are not entitled to the presumption of truth?
legal conclusions or unsupported conclusory allegations
Must fraudulent intent be pleaded with the same particularity as the circumstances constituting fraud?
No. The circumstances of fraud must be pleaded with particularity, but intent, knowledge, malice, and other conditions of mind may be alleged generally.
Rule 8 question: A defendant lacks sufficient information to determine whether an allegation is true. What can the defendant do?
State that the defendant lacks knowledge or information sufficient to form a belief about its truth. This has the effect of a denial.
A defendant argues that, even if all the plaintiff's well-pleaded factual allegations are true, the complaint does not establish a legally sufficient claim. What can the defendant do?
File a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6).
A defendant agrees with part of an allegation but disagrees with the rest. How must the defendant respond?
Admit the portion that is true and deny the remainder.
A plaintiff sues a high-ranking government official because employees allegedly discriminated against him. The complaint contains no facts plausibly establishing the official's own discriminatory purpose or unconstitutional conduct. Should the claim survive?
No. Under Iqbal, supervisory status alone is insufficient. The plaintiff must plausibly allege the official's own unconstitutional conduct.
What degree of specificity must be used for the circumstances constituting fraud or mistake?
particularity