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Pleadings (FRCP 8(a) ((1) short and plain statement about court's jd…
Pleadings
FRCP 8(a)
(1) short and plain statement about court's jd
(2) short and plain statement about pleader's entitlement to relief
Demand for relief sought
FRCP 12(b)
(6) failure to state a claim upon which relief can be granted
must assume everything P said is true, can argue facts later
3 ways to attack FRCP 8(a)(2)
as a matter of law there's no claim
#
Haddle v. Garrison
Sloppy Pleading - allege about all needed elements
There's always a second chance to amend complaint
Claims must be plausible
#
Tw/Iqbal
Need facts with elements
only plausible claims for relief survive
1 more item...
Conclusions vs. Facts
12(a) - 21 days to respond to a complaint
FRCP 9(b) - Fraud or Mistake; Conditions of Mind
A party must state the circumstances with particularity that constitute fraud or mistake
A person's mental state may be alleged generally
Higher standard, we need to be specific about what was fraudulent
Stratford v. Zurich Insurance Co.