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Civil Procedure I
University of Illinois School of Law
Thomas, Suja A.

Civ Pro I_Thomas_Spring 2011
 
Complaint à Motion to Dismiss àDiscoveryàMotion for Summary JudgmentàTrialàJudgment as a Matter of LawàMotion for a New Trial and/or Remittitur
 
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1.       Pleadings
Writ à code pleading à notice pleading
·         Field Code: Merges actions at law and suits in equity
·         Abolishes forms of actions
·         Not dismissed on technicality
a.       Order
                                          i.      Complaint
·         Title of Cause
·         Statement of Fact
·         Demand for relief
                                         ii.      Demurr/Answer
                                       iii.      Reply
b.       Complaint Rules / Cases
                                          i.      Rule 1: Rules “should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.”
                                         ii.      Rule 8a2: “a short and plain statement of the claim showing that the pleader is entitled to relief”
1.       claim for relief must contain
·         Grounds for courts jurisdiction
·         Short statement show entitled to relief
·         Relief sought
                                       iii.      Rule 8e: construed as to do justice
                                       iv.      Rule 12b6: “failure to state a claim upon which relief can be granted”
Dioguardi v. Durning – wrong standard by district court:
a.       Do not need to state specific facts
b.       it should be a short and plain statement of claim showing pleader is entitled to relief (Judge Clark writer of rules)
c.        summary judgment- D must be taken to admit what is in complaint
Conley v. Gibson – move to dismiss
a.       “[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
b.       Construe in favor of plaintiff
c.        “No set of facts”
Bell Atlantic v. Twombly – parallel conduct to show conspiracy (retire Conley)
a.       conceivability is not enough must be plausible
b.       legal conclusions couched as factual allegation not accepted as true
c.        successful discovery
d.       notice pleading
Iqbal Case
a.       applies Twombly to all cases not just anti trust
b.       Non-conclusory allegations accepted as true
c.        Claim is plausible if “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
d.       The court must “draw on its judicial experience and common sense.”
e.        Rule 9(b): In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Tellabs v. Makor- Private Securities Litigation Reform Act requires P to state with particularity facts of violation and facts of evidencing scienter (defendant intention)
a.       Accept all factual allegations as true
b.       Take all facts together to see if strong inference of scienter
c.        Take into account plausible opposing inference
d.       7th Amendment – congress can decide what plead and standard is not higher than at trial
e.        “a strong inference of scienter is at least compelling as opposing inference”
f.        Heightened Pleading: rule 9b = more facts than notice pleading (which notice or heightened SC has said both)
c.        Answer
                                          i.      respond to allegation in complaint
                                         ii.      raise affirmative defense
               
 
 
2. Amendment Process – LIBERAL
a.       (15a1) Amendments to pleadings “once as a matter of course within”
b.       “21 days after serving it,” or
c.        “if the pleading is on

or if specifically identified, reasonably based on belief or lack of information
c. Rule 11c-
(1) Court may impose sanctions after attorney, law firm or party given opportunity to respond *Law firm held jointly responsible unless exceptional circumstances
(2) Motion for sanction must be made in separate motion *Should not be filed or presented to court if challenged item is withdrawn or corrected within 21 days after motion served or court ordered time
(3) Court may order party to show cause why conduct does not violate Rule 11(b)
(4) Sanction limited to what will deter the            repetition of the conduct or comparable conduct by others *nonmonetary directives *penalty paid to court *reasonable attorneys’ fees and expenses if imposed on motion and necessary for effective deterrence
(5) when a court can order monetary sanctions
d. Rule 11d: no sanctions under discovery
C2: safe harbor provision – have to serve motion to accused 21 days before file in court
                                                a. Did not serve 21 days before so dismiss
                                C4: sanctions can be monetary and non monetary
                                d.  28 USC 1927
a.       only against lawyer
b.       more broad to cover all types of behavior
c.        no safe harbor section
e. cannot file civil if criminal is not reversed first
f.  collaterally estopped – once decided against  you cant bring up in another trial
g.  law of case is not at issue because 2 different issues
                                1. conduct district court level
                                2. conduct at appellate level