Civil Procedure Professor Marc H. Greenberg

1. Civil Procedure Professor Marc H. Greenberg Unit II Responding to the Complaint

2. Responding to the Complaint Time for Responding to service of a complaint � 20 days, plus extensions � FRCP Rule 12(a) Motions to Dismiss � FRCP Rules 12(b)(c), (f) American Nurses� Assoc. v. Illinois What is the standard for dismissal for failure to state a claim? Does a plaintiff have to plead evidence Can this decision be reconciled with MCI Worldcom? What happens if you win a 12(b)(6) motion? What is the effect of adding elements outside of the pleadings to a Rule 12(b)(6) motion? What is different about a Rule 56 motion? What is a motion to strike (Rule 12(f)? Answering the Complaint Denials � Per Rule 8, you can admit, deny or plead insufficient information as to each allegation. General denials are disfavored.

3. Responding to the Complaint Answering the Complaint Denials � Zielinski v. Philadelphia Piers Defendant cannot profit from its own misleading responses to discovery � you will be estopped from a statute of limitations defense in such a case. CCP �431.30(d) � the effect of verifying a pleading � no general denial is allowed in response. How the �without knowledge and information� denial works, and when to use it Negative Pregnant denials, and how to avoid them Affirmative Defenses (FRCP Rule 8(c); Ingraham v. U.S.; Taylor v. U.S. � are these decisions reconcilable? If not, which is the better interpretation of the Rule, and why?

4. Responding to the Complaint Of Replies and Amendments to Pleadings � FRCP Rule 7(a), 15 Beeck v. Aquaslide What is the standard of review in this case � why is this important? Why is the absence of bad faith by defendant a factor here? Do you agree with this result? It�s a tough case. Moore v. Moore � post-trial amendments are problematic � is the child custody nature of this case a factor? Worthington v. Wilson � does the relation back doctrine apply to Does, particularly after the expiration of the statute of limitations?

5. Responding to the Complaint Supplemental Pleadings � FRCP Rules 7(a), 15(d) Used to cure defects in the original pleading, to add new claims, or to provide additional facts to update the complaint Deterring Frivolous Pleadings � FRCP Rules 11, 23.1 Note that Rule 11 sanctions may be imposed against either or both the attorney and the client Note the continuing obligations of good faith, and re-evaluation of the merits of your claims, required under this Rule � pre-filing investigation must be supplemented throughout a litigation Surowitz v. Hilton Hotels � Court looks to the purpose of the FRCP, and of Rule 23(b) in reversing this decision. Hadges v. Yonkers � note the 21day safe-harbor; and that attorneys are entitled to rely on the objectively reasonable representations of their clients.

6. Responding to the Complaint

7. Responding to the Complaint