Civil Procedure with Professor Perea
I. Complaint
a. Rule 8(a): Notice Pleading
i. 8(a)(1): short and plain statement of the grounds on which jurisdiction rests.
ii. 8(a)(2): short and plain statement of the facts.
iii. Includes a demand for the relief sought (remedy)
iv. The purpose of notice pleading is to allow people to get into the court easily on
the merits. Many of the facts might not be known at this stage!
b. Rule 8(c): You can plead things in the alternative.
i. You can plead inconsistent alternatives.
– Ex. McCormack v. Koppman: Woman whose husband died in an accident sued both the driver for negligence, and bar that served him alcohol.
c. In notice pleadings, you only have to plead enough to put the defendant on notice of what he may be accountable for.
i. The old way was Code pleadings, which required more specificity.
– Their influence is still felt, though. In notice pleading, people will still expect you to plead the most relevant facts.
d. Situations Requiring Greater Specificity
i. 9(b): In actions alleging fraud.
– Ross v. A.H. Robins: Dalkon shield case.
– Private Security Litigation Reform Act codified the Ross standard.
ii. Reasons for heightened specificity on individual corporate officers
(Cash Energy):
– Frivolous lawsuits clog judicial resources.
– The remedies sought can be huge.
– Rising costs of litigation means even frivolous suits can be tools
of intimidation.
iii. BUT Swierkiewicz v. Sorema, court did NOT require greater specificity in employment discrimination suit.
e. Rule 55 Default
i. P makes a motion for default when D has failed to answer.
f. Rule 41(a)(1): Voluntary dismissal of suit w/o prejudice.
i. Has to be done with stip of both parties before answer or summary judgment.
ii. We limit it because otherwise people could harass with lawsuits they intend to
drop.
g. Rule 15: Allows amended and supplemental proceedings. (Relation Back)
i. Under circumstances, like when defendant has or should have had notice, plaintiff can amend complaint to add a defendant or state a slightly different claim, it can relate back to original claim for purpose of statute of limitations.
ii. Requirements under Rule 15(c) to amend complaint:
1. Claim arises from conduct set forth in the original pleading (conduct, transaction, or occurrence).
2.
elating to it can’t be introduced.
– Since there’s no need for P to answer D’s answer, affirmative defenses are taken to be denied by P.
– 8(d): failure to deny = admit.
– Pleading lack of information = denial
– BUT An answer of insufficient information has the effect of an admission when the matter is peculiarly in the knowledge or control of the defendant.
– Ex. David v. Crompton & Knowles: Didn’t know who designed manufactured and sold shredding machine, but was in the unique position to know. Their lack of knowledge = admission.
– They also ‘acted like’ the proper D.
b. Rule 12:
i. Rule 12(e): Motion for a more definite statement of the claims. This is used for intelligible claims.
– United States v. Board of Harbor Commissioners: Oil leak. The complaint didn’t specify who leaked the oil, what action caused the discharge, how much oil was leaked. 12(e) was inappropriate here. D is on notice regarding the gist of the claim.
