Civil Procedure I Outline

Scarlett-CivPro-Fall 2014

I. Overview of Procedure and Remedies

a. Due Process

i. Fuentes v. Shevin-P misses payment, D issues replevin seizing goods w/o notice.

1. Issue: Does replevin deprive citizens of their property w/o due process, violating the 14th amendment?

2. Holding: Yes

3. Reasoning: States must test their claim on goods through a fair prior hearing. Right to notice and an opportunity to be heard must be granted at a time when the deprivation can still be prevented.

o ii. Due process notes

§ value of 14th amendment is giving opportunity of hearing even though people may not use it.

§ Exceptions for due process

ú Car being towed (when there is a sign)

ú Health inspector who finds a detrimental problem can immediately close restaurant.

· Not situations give notice, but no hearing.

ú Temporary restraining order-provisions should warrant why no notice or hearing is given and they can only last 10 days.

II. Pleading

· A. pleading sets the stage for the whole process of litigation and gives other side notice. Inconsistency is allowed because you may not know facts until discovery and you can cover your bases.

· B. Consist of (7a)

o A complaint

o An answer to complaint

o An answer to a counterclaim designated as a counterclaim

o A cross claim

o A third-party complaint

o An answer to third-party complaint

o If court orders, a reply to an answer.

· C. History of pleading

o Review in notes before exam and decide if it should be included here.

· D. FRCP 1-Rules apply to all courts except those listed in Rule 81. This secures the just, speedy, and inexpensive determination of every action and proceeding. There is one form of action-civil form.

· E. FRCP 8a sets out requirements for pleading: short and plain statement on grounds of jurisdiction, short and plain statement of showing relief, and a demand for relief.

The complaint

Haddle v. Garrison: P was at will employee dismissed after cooperating w/ federal hearing regarding his employer.

· Issue: May at-will employees bring an action for wrongful termination under a statute that requires a plaintiff to suffer an actual injury prior to bring a suit?

· Holding: Yes (holding was no on appeal but SC reversed to Yes)

· Reasoning: The harm alleged is 3rd party interference w/ at-will relationship. 3rd party interference is compensable under tort law, therefore gives rise to a claim for damages.

Requiring & Forbidding Specificity in Pleading

Bell Atlantic Corp v. Twombly-P alleged companies were excluding other competitors, violation anti-trust law. D files M to Dismiss for failure to state a claim.

Issue: Did P fail to state a claim?

Holding: Yes

Reasoning: Anti-trust laws allow inference of conspiracy from behavior, but cannot be drawn from behavior typical of a profit-maximizing, non-collusive competitor. P would need to plead an overt act of conspiracy (smoking gun) or behavior not typical.

o P failed cuz they did not show facts entitling them to relief. More detail is required in antitrust cases cuz they are expensive to litigate. State facts, not allegations.

Ashcroft v. Iqbal- P alleges Ashcroft and others violated their constitutional rights based on race and religion.

· Issue: did his claim fail under Rule 8a?

· Holding: Yes

· Reasoning: He didn’t show reason detention was discriminatory, just a bare assertion, conclusory statements, and allegations w/ no facts. To amend his pleading he