WHERE WE ARE & WHAT WE’RE DOING

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

PLEADINGThe Complaint 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 COMPLAINTp. 404 • “Sufficiency of the complaint” • Law provide relief? • Claim adequately described?

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

THE HERNANDEZ’S COMPLAINTA 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 COMPLAINTp. 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 CLAIMThe 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 CLAIMHaddle 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 PROCESSHaddle v. Garrison – D.Ct. • What if district court thought • Morast was wrong? • (Persuaded by 1993 9th Cir. opinion) • Permissible to ignore?

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

STATING A CLAIMHaddle 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 CHOICEHaddle v. Garrison – S. Ct. • Good example of “rule choice” • What were the options for S.Ct.?

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

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

STATING A CLAIMForm 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 • 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

WHERE WE ARE & WHAT WE’RE DOING