WHERE WE ARE &WHAT WE’RE DOING

ComplaintAnswer

12(b) MotionsAmended Pleadings

• Pleadings

• Pre-Trial

• Trial & Post-Trial

• Appeal

PLEADINGThe Complaint

Complaint

Task 1: The LawElements?

Explicit v. Implicit

Task 2: The FactsInclude?

How specific?

Task 3: The FormatDetails, details, details

THE HERNANDEZ’S COMPLAINTp. 404

“Sufficiency of the complaint” Law provide relief? Claim adequately described?

STATING A CLAIMThe “Elements” of a Claim

Common Law Claims Tort Contract

Duty Formation of K

Breach Breach Causation Causation Damages Damages

THE HERNANDEZ’S COMPLAINTA Redraft

[Breach] Defendant D.O.T. negligently designed a portion of Highway 101 [specify

location] without an adequate median barrier; this design rendered the highway unreasonably

dangerous and created a foreseeable risk of injury.

[Causation] As a result of this negligent design, [Damages] the plaintiffs were severely injured

on [date] when another vehicle [description] crossed the median and struck pl’s vehicle head-on.

THE HERNANDEZ’S COMPLAINTp. 408, 2.d. & e.

Strategy Why did DOT seek review? Why didn’t pl’s just amend?

STATING A CLAIM

Haddle v. Garrison, D.Ct. p. 413 Where find “elements” of claim? What element of the claim was

missing? Why?

CHALLENGING A CLAIMThe 12(b)(6) motion

Haddle v. Garrison, D.Ct. p. 413 Did D Ct judge make factual

determination Haddle was not fired Haddle didn’t cooperate w/ grand jury Haddle wasn’t fired because he

cooperated What did the district court decide?

STATING A CLAIMHaddle v. Garrison – D.Ct.

What did the court do (disposition)? Why?

What sources of law did court rely on? Why didn’t the plaintiff amend?

LEGAL PROCESSHaddle v. Garrison – D.Ct.

What if district court thought Morast was wrong? (Persuaded by 1993 9th Cir. opinion)

Permissible to ignore?

LEGAL PROCESSHaddle v. Garrison – 11th Cir.

Why did case seem like an easy one?

STATING A CLAIMHaddle v. Garrison – S. Ct.

Why did S.Ct. overrule D.Ct? Disagree with legal standard D.Ct.

applied when to grant 12(b)(6) motion?

RULE CHOICEHaddle v. Garrison – S. Ct.

Good example of “rule choice” What were the options for S.Ct.?

LEGAL PROCESSHaddle v. Garrison – S. Ct.

How did court go about deciding that “property” includes a job?

Why did S. Ct. cite old authorities?

STATING A CLAIMHaddle v. Garrison – S. Ct.

What does Haddle tell us about meaning of 42 U.S.C. § 1985?

Now what happens?

STATING A CLAIMForm and Substance

How are Dept. of Transportation, p. 404 & Haddle different?

CONSISTENCY IN PLEADING

Common law Consistency as the hallmark

Federal Rules Anything goes

TAKEAWAYS

Two aspect of stating a claim Form

how phrase the complaint law? Not expressly req’d under FR’s fact? Not expressly req’d under FR’s

what level of specificity?

Substance is there a body of law that authorizes relief? Elements ?? until appellate court interprets law

Identifying elements Practice with 42 U.S.C. §1985

TAKEAWAYS

What’s at stake in Federal Rules pleading? Structurally

define precision and detail required in complaint Jurisprudentially

limitation on claims Not every grievance gets to jury

Strategically Determines scope of discovery key to settlement negotiations Critical if pl lacks access to key info

Cf DOT – what did defendant know & when

TAKEAWAYS

What’s not at stake in pleading under the Federal Rules? Winnowing out claims