Pleadings
Failure to State a Claim as a Matter of Law 12(b)(6),
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RULE
Dismissal of a claim is only appropriate when “it is clear that no relief could be granted under any set of facts that could be proved consistent with allegations.
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The judge must accept plaintiff’s allegations in the complaint as true and view those allegations in a light most favorable to plaintiff’s to determine whether the complaint fails to state a claim for relief.
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If a complaint is dismissed under 12(b)(6) plaintiff is routinely given leave to amend, or may appeal.
If a plaintiff’s claim states valid claims among invalid claims, it should not be dismissed.
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Additionally, if a plaintiff’s claim is ambiguous it should be construed to state a valid claim.
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DISTINGUISH
12(b)(6) motions are to dismiss as a matter of law, while summary judgment motions is about facts.
12(b)(6) uses only the pleadings and assumes facts are as plaintiff asserts them to determine if the claims have legal validity. In summary judgment, the courts looks at facts in light most favorable to non moving party and focuses on if there’s a “genuine issue as to any material fact.” With summary judgment you can use evidence: affidavits, materials found in discovery, etc.
Requirements for Notice Pleading, 8(a)
RULE
A short and plain statement stating grounds which show the pleader is entitled to relief. 8(a)(2)
FACTORS
Conclusions are not enough, you must provide sufficient factual assertions to support each claim.
Notice. To provide the defendant with adequate notice of the plaintiff’s claim, allowing her to prepare her defense, as well as facilitate informed preparation for discovery, trial, settlement, or a more complete factual record;
Dismissal of Case
Record of Claim.
To provide a record of a claim so it’s known if the same complaint is brought again.. To provide enough information to be able to dismiss the case if it is clear in the beginning that the plaintiff can’t win;
EXAMPLES
Even though Conley is frequently cited, it’s not an adequate complaint. You need a claim that would entitle defendant to relief. It must provide enough information so that the court can tell if a 12(b)(6) motion is valid. e.g. if the complaint stated,“You were negligent for not giving me a birthday present,” instead of, “You were negligent,” then the court would have enough information to dismiss the complaint.
A party can’t just complain: “You done me wrong,” because he’s not providing adequa
Indeed, to provide competent representation a lawyer should bring up all possible claims that arise out of the same T/O, because if they do not, because of claim preclusion, they may not be able to bring them up in subsequent actions.
It is likely unethical to plead an inconsistent case, such as, “I did it, or I didn’t do it,” unless you truly don’t know and believe you may be able to find out in discovery.
RATIONALE
Part of the rationale for allowing inconsistent pleadings is efficiency: the plaintiff would be allowed to bring up the claims in two separate suits.
EXAMPLES
Pleading inconsistent facts:
Pleading inconsistent legal theories
: Chirelstein, pleaded that marriage was valid (and was entitled to alimony), or marriage was invalid (and was entitled to divorce and alimony. Court found that when judicial treatment of facts is in doubt, the litigant need not make a conclusive anticipation of the views of the court. McCormick, widow pleaded that either bar or truck driver were guilty of negligence.
