Untitled Quiz

Complaint

• Rule 8(a) Requirements:
  • Jurisdiction
  • Short and plain statement of the claim
  • Demand for judgment

Notice Pleading

• Requires parties to state general issues in the case, informing the other party.
• Doesn't require detailed facts to support each claim.

Elements of a Claim

• Duty
• Breach
• Causation by the defendant
• Damages/relief

Case Law

• Conley v. Gibson (1957): As long as all elements of a claim are present, it cannot be dismissed unless impossible to prove facts.
• Twombly (2007): Established the plausibility standard
• Iqbal (2009): Replaced notice pleading with plausibility pleading, requiring claims to be reasonable and likely to occur.
• Twombly and Iqbal Two Step Process:
  • Strip all legal conclusions from allegations.
  • Apply the plausibility standard to remaining allegations.
• Walsh v. U.S. Bank (2014): Minnesota uses notice pleading, not the federal heightened pleading standard.

Forms of a Complaint

• Complaints, answers, responses to counterclaims, cross-claims, third-party complaints, answers to third party complaints, and replies to answers.

Litigation Timing

• Rule 6:
  • Computes time for motion papers and other proceedings.
  • Begins counting on the day after the triggering event.
  • Includes every day, including weekends and holidays.
  • Last day of the time period is included, unless it falls on a weekend or holiday, then the period continues to the next non-holiday day.

Answer

• Rule 8(b) requires a response to each allegation: admit, deny, or lack of knowledge to respond.
• General denials are risky and should be avoided whenever possible.
• Rule 8(b)(1): Must state defenses and admit or deny allegations.
• Rule 8(b)(2): Denials must respond to the substance of the allegations.
• Rule 8(b)(3): General denials can be risky, as a failure to address the substance of an allegations can be considered an admission.
• Rule 8(b)(4): Denying part of an allegation.
• Rule 8(b)(4): Denying part of an allegation.
• Rule 8(b)(5): Lack of knowledge or information.
• Rule 8(b)(6): Failure to deny an allegation, other than damages, is considered an admission.
• Rule 15(a): Amending pleadings.
  • (a)(1): One amendment is allowed as a matter of course within 21 days of service.
  • (a)(2): Amendments after 21 days require opposing party's consent or court permission. Court should freely give leave when justice requires.

Amended Complaint

• Responses to amended pleadings must be made within the time remaining to respond to the original pleading or within 14 days of service of the amended pleading, whichever is later.

Case: Beeck v. Aquaslide 'N' Dive Corp.

• Demonstrated that the court will freely grant an amended pleading when justice requires.

Amendments During and After Trial

• Rule 15(b)(1): Allows amendments based on objections to issues or evidence raised at trial.
  • Objections to evidence not in the pleadings imply consent.
• Rule 15(b)(2): Allows amendments to include issues tried by consent.
  • Moore v. Moore: If parties litigate an issue at trial, the court considers it tried by consent.

Supplemental Pleadings

• Rule 15(d): Allows supplemental pleadings for events that occur after the date of the pleading.

Other important rules

• Rule 30(b)(6): Used for depositions of corporations, requires the organization to designate a representative with knowledge of the requested topics.
• Rule 33: Interrogatories.
• Rule 34: Request for production of documents.
• Rule 45: Subpoena.

Pretrial Conference

• Rule 16(c)(2): Matters for consideration at a pretrial conference.
• Rule 16(d): Pretrial order is formulated after the conference.
• Rule 16(e): Defines a final pretrial conference to formulate a trial plan and list all issues in controversy.
• Rule 16(f): Establishes sanctions for failure to comply with pretrial orders.

Case: Nick v. Morgan's Foods, Inc.

Demonstrated that courts have broad discretion to impose sanctions for failure to comply with court orders.

Case: Payne v. S.S. Nabob

• Illustrated that courts enforce pretrial orders strictly, disallowing new claims or defenses after the deadline.

Magistrate Judges

• Appointed by district court judges for 8-year terms.

• Lower salaries than district court judges and less involvement in party politics.

• 28 U.S.C.§ 631 governs their authority.

• Rule 72(a): Handles nondispositive matters (discovery disputes).

• Rule 72(b): Handles dispositive motions (dismissal or judgment).

• Using magistrate judges can protect the neutrality of the trial judge.