WHERE WE ARE & WHAT WE’RE DOING Pleadings Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal

PLEADING The Complaint Task 1: The Law Elements? Explicit v. Implicit Task 2: The Facts Include? How specific? Task 3: The Format Details, details, details

THE HERNANDEZ’S COMPLAINT p. 404 “Sufficiency of the complaint” Law provide relief? Claim adequately described?

STATING A CLAIM The “Elements” of a Claim Common Law Claims Tort Contract Duty Formation of K Breach Breach Causation Causation Damages Damages

THE HERNANDEZ’S COMPLAINT A 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 COMPLAINT p. 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 CLAIM The 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 CLAIM Haddle 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 PROCESS Haddle v. Garrison – D.Ct. What if district court thought Morast was wrong? (Persuaded by 1993 9th Cir. opinion) Permissible to ignore?

LEGAL PROCESS Haddle v. Garrison – 11th Cir. Why did case seem like an easy one?

STATING A CLAIM Haddle 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 CHOICE Haddle v. Garrison – S. Ct. Good example of “rule choice” What were the options for S.Ct.?

LEGAL PROCESS Haddle v. Garrison – S. Ct. How did court go about deciding that “property” includes a job? Why did S. Ct. cite old authorities?

STATING A CLAIM Haddle v. Garrison – S. Ct. What does Haddle tell us about meaning of 42 U.S.C. § 1985? Now what happens?

STATING A CLAIM Form 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 Identifying elements 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