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. New defendant must have received notice of action within statute of
limitations.
3. New defendant should have known that but for mistake of identity, he
would have had the action brought against him.
iii. The rule is based on mistake of the proper party.
