Civil Procedure Outline

Pleading

1.Background

A.The American Notice Pleading systems stems from English common law

I.Writs- rigid, could only claim one, cases often decided by technicality

II.Equity- injunctions, expensive, corruption

2.Purpose of Pleading

A.Address the initial access to the courts

B.Acquaint the parties and court with one another along with key issues.

C.Frames issues for future resolution.

3.Sufficiency of Complaints

erned by Rule 8

B.Conley v. Gibson- Rule 8(a) requires that plea simply be a short plain statement

that…

I.Legal Merit (no set of facts): Reference a cognizable body of law (substantive

sufficiency) whether or not there is a set of facts that the P could prove that

would entitle the P to relief.

II.Grounds for relief (factual sufficiency) we follow the accepted rule that a complaint should not be dismissed for failure to state a claim unless it

appears beyond doubt that the p can prove no set of facts from which relief

can be granted

III.Facts: Black railroad works sue the union for not representing them properly

IV.―A SHORT AND PLAIN STATEMENT‖ that puts the defendant on notice, so they have some ability to respond to the complaint. Conley establishes the

principle of notice-pleading

C.Swierkiewicz v. Sorema- affirms the pleading requirements set forth in Conley.

I.McDonnell Douglas is an evidentiary standard; allegation have a lesser bar

and may very well prove to be false in discovery (factual sufficiency)

Pleading statement must simply “give the D fair notice of what the P’s

claim is and the grounds upon which it rests.” Simplified notice pleading

standard relies on liberal discovery rules and summary judgment motions

to define disputed facts and issues and to dispose of unmeritorious claims.

II.Facts: P sues reinsurance company for discrimination based on age/nationality

D.Bell Atlantic v. Twombly- Creates the plausibility test

I. A complaint must contain enough face to state a claim to relief that is

plausible on its face and not "a formulaic recitation of a cause of action’s

elements."Rule 8(a)(2) still requires a ―showing‖ rather than a blanket

assertion of entitlement to relief. Without some factual allegation in the

complaint it is hard to see how a claimant could satisfy the requirement of

providing not only ―fair notice: on the nature of the claim but also grounds upon

which the claim rests.‖

II.Concern is that if a complaint is allowed to go forward without any facts that could plausibly lead to a decision in the P’s favor, then we are going to incur the

cost of litigating this case; COURT IS CONCERNED with cost, discovery cost

etc.

III.An anti-trust conspiracy was not suggested by the facts as resisting competition and non-competition among ILEC's is normal (substantive sufficiency)