-Rules should be construed and administered to secure a "just, speedy, and inexpensive" determination of every action.

-How do justice and efficiency run into each other?

-If a responsive pleading is required, a failure to deny an allegation means that the allegation is admitted

-Example: Complaint has 5 allegations. I deny 1 through 4. 5 is effectively admitted by me.

Affirmative Defenses

-must affirmatively state them in a response or they are lost

Alternative Statements

- Party can set out two accounts for a claim or defense; pleading is sufficient if either are sufficient

-Pleadings to the court can't be all hot air or lies or there will be sanctions

- 11(b): requirements

- 11(c): sanctions

-Allows an appellee to suggest grounds for a new trial in the face of an appellant who granted jml by appellate court

-Example: I win my case against you. You move for jml and a new trial. I get to defend the ruling (against jml) but should I lose, at the very least demand a new trial because my expert was not accepted

Considerations

- Must weigh bad outcomes (grant injunction, D wins OR deny injunction, P wins)

- Only entitled to it if you would get it at the end of a trial

- Rulings are immediately appealable under USC 1292(a)(1)

- protects "property-like" interests (Sigma)

Cases

- Inglis Baking

-Way of getting salient information without depositions, interrogatories, subpoenas or document requests

-E.g. Talk to your client

-Hypo: There's a car accident and our client is accused of negligence. His wife knows that whenever he feels guilty he sulks and doesn't eat. We talk to her to find out his behavior that day when he got home to get clues into our case.

-Breach of contracts

-Common law writ

-intent or knowledge of wrongdoing

-If I sell you a car I know is bad, I have scienter. If I sell it to you without knowing, I have no scienter

-For example, scienter is a necessary element of fraud

-stands for either a jury or the judge deciding on the case

-Example: "Knowing Parker's prior suspicions regarding Defoe, a factfinder may infer that the Parker had long known the truth and just declined to reveal it"

-Formal statement by a party in a case of a fact or circumstance the party offers to prove

-"All that's missing to make it a well-plead complaint is an averment of failure to take due care."

-tends to reveal

-"certain documents are highly probative of a case and hence eligible for discovery"

"A statement of the facts constituting the cause of action, in ordinary and concise language"

-must tow the line between "mere evidence" (too specific) and "mere conclusions" (too general) --> either one led to a demurrer

-Example: In Haddle, if we wanted to fit it under 1985(2) we would have to allege some specific facts detailing the connection between Molloy and Garrison

-RR is firing both black and white employees but Union is only representing white ones.

-Conley wants to sue Union for violation of Fed. Labor Law

-Complaint should not be dismissed via demurrer UNLESS it is clear that P can prove "no set of facts in support of his claim which would entitle him to relief"

-Represented majority view of notice pleading until Twombly

-Example: I sue you for infringing on a song I wrote. You are really famous and I am not. The songs sound only mildly similar, but I assert that a local band was playing my song at the same time you were in my city for a concert. While implausible, there is a set of facts that proves this to be true.

-loss without injury

-losses for which law gives no relief

-if I open a burger store next to you, it may hurt your store but you have no legal recourse

-Claim that a talking cat's free speech rights are violated

-12(b)(6)

-Even if everything said about the cat is true, it's still not a person so doesn't qualify

-Amending as a matter of course

-Party may amend pleading once as a matter of course

-before being served with a responsive pleading OR

-within 20 days of filing pleading if the action is not on the trial calendar

Relation to 12(b) motions

-12(b)(2)-(5) are not waived if you include them in an amendment allowed as a matter of cours

-motions do not count as responsive pleadings. If the opposing party files a motion, you still have time to amend as a matter of course

A sues B. B files a timely 12(b)(2) motion that is denied. B tried to assert improper venue in its answer.

-Disallowed by 12(h)(1)(A

Example: A sues B. B raises a timely motion for improper venue which is denied. B now tries to move for failure to state a claim upon which relief can be granted.

-Not allowed because 12(b)(6) was "available" earlier when the 12(b)(3) was asserted. B can only bring this motion up at trial, in a response, or in a 12(c) [see 12(h)(2)]

-BUT, say you sue me and I file a 12(e) motion. You amend and I now file a 12(b)(6). It might be okay, 12(g)(2) notwithstanding, because the 12(b)(6) wasn't "available" to me earlier because your complaint was so unclear

- law/fact distinction

- findings of fact are held to higher standard of review --> no touch unless "clearly erroneous"

-Findings of fact by lower court are not to be set aside unless clearly erroneous

-law/fact distinction: findings of law must be reviewed

-when it's looking at abuse of discretion

-when going over punitive damages

-Court must disregard error's that do not affect a party's substantive rights

-Harnden v. Jayco: Court runs through what case would look like w/o said error. If almost certainly the same, then harmless error

- "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved"

-Whatever was tried by a jury in late 18th c. England still is tried by a jury

-"and no fact tried by a jury, shall otherwise be rexamined in any Court of the United States, than according to the rules of the common law"

-Trial court can scrutinize jury verdicts via 50 and 59

-Same examination by appellate court is less protected

-Common law demurrer

-Failure to state a claim upon which relief can be granted

-Even if EVERYTHING you say is true, the law still provides no relief (damnum absque injurid)

-Example: I sue you for wearing a sweater so hideous that it causes me to walk into a pole and break my nose.

Rule 45

-can subpoena nonparties to testify or produce documents

-"Motion to compel"

$145 million dollar punitive

-Court suggests that single-digit multipliers might comport well with due process

Due to prior contrary actions or statements or prior pertinent judicial determinations, you are unable to assert something in court.

-Example: I sign a contract giving you tenant rights. I cannot later sue you for trespass and try to evict you.