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COMPLAINTS

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Suppose Haddle had begun by pleading an age discrimination claim. he was fired because ... Don't procrastinate! Don't wait until last minute to file complaint ... – PowerPoint PPT presentation

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Title: COMPLAINTS


1
COMPLAINTS ANSWERS Consistency in Pleading
  • Complaints
  • Pleading in the alternative permitted
  • Alternative theories of recovery
  • Answers
  • Deny Affirmative defenses 12(b) defenses
  • Affirmative defenses
  • Cf. Common law Confession avoidance
  • But c a admits allegations of complaint
  • Federal rules alternative

2
WHERE WE ARE
  • Pleadings

Complaint
Answer 12(b) Motions
Amended Pleadings
Reply
  • Pre-Trial
  • Trial Post-Trial
  • Appeal

3
PLEADING Amendments
Amended Pleadings
FR 15(c) Relation back
FR 15 (b) Conform to Evidence
FR 15(a) When How
4
PLEADING Amendments
FR 15(c) Relation Back
Permitted under applicable s/l
Party
Claim
Same TO
Notice
Knew (s/h/k) correct party
5
SKILLS Arguing From Precedent
  • Rule 15(c)(2) Hypothetical
  • (Variation -Haddle, p. 409)
  • Suppose Haddle had begun by pleading an age
    discrimination claim
  • he was fired because of his age
  • violates federal law
  • Discovery proceeds
  • Claim looks more and more tenuous

6
SKILLS Arguing From Precedent
  • Rule 15(c)(2) Hypothetical (cont.)
  • Amend to add 42 U.S.C. Sec 1985 claim?
  • statute of limitations has run

7
SKILLS Arguing From Precedent
  • Rule 15(c)(2) Hypothetical
  • Arguments using Moore and Bonerb?
  • When are two claims sufficiently related?
  • How does surprise factor in?

8
SKILLS Arguing From Precedent
  • Reconciling Distinguishing Cases
  • Are Moore and Bonerb distinguishable?
  • Do you agree with either?

9
RULE 15(c)(3) Adding Parties
  • FR 15(c)(3) Hypothetical
  • Variation on Beeck v. Aquaslide
  • Suppose after Beeck learned that Aquaslide hadnt
    manufactured the slide
  • Sought to amend the complaint
  • Change name of def from Aquaslide to the
    counterfeit manufacturer
  • Permissible?

10
TAKEAWAYS
  • Black Letter Law (the gist)
  • Amendment relates back if
  • Permitted under s/l, or
  • New claim
  • same transaction or occurrence (t o), or
  • New party
  • Notice, so not prejudiced
  • Knew/should have known was correct party

11
TAKEAWAYS
  • Practice Pointers
  • Dont procrastinate!
  • Dont wait until last minute to file complaint
  • Dont plead too specifically

12
READING RULES MAP-ing FR 15(c)
  • An amendment
  • of a pleading
  • relates back to
  • the date of the original pleading
  • when
  • (1) relation back is permitted
  • by the law that provides
  • the statute of limitations
  • applicable to the action,

13
READING RULES MAP-ing FR 15(c)
  • or
  • (2) the claim or defense
  • asserted in the amended pleading
  • arose out of the
  • conduct, transaction, or occurrence
  • set forth
  • or
  • attempted to be set forth
  • in the original pleading,

14
READING RULES Map-ing FR 15(c)
  • within the period provided by Rule 4(m)
  • for service of the summons and complaint,
  • the party
  • to be brought in by amendment
  • has received such notice
  • of the institution of the action
  • that the party will not be prejudiced
  • in maintaining a defense
  • on the merits,

15
READING RULES Map-ing FR 15(c)
  • and
  • knew
  • or should have known that,
  • but for a mistake
  • concerning the identity of the proper party,
  • the action would have been brought
  • against the party.
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