COMPLAINTS

1
COMPLAINTS ANSWERSConsistency 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

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PLEADINGAmendments
Amended Pleadings
FR 15(c) Relation back
FR 15 (b) Conform to Evidence
FR 15(a) When How
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PLEADINGAmendments
FR 15(c) Relation Back
Permitted under applicable s/l
Party
Claim
Same TO
Notice
Knew (s/h/k) correct party
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SKILLSArguing 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

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SKILLSArguing From Precedent

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

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SKILLSArguing From Precedent

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

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SKILLSArguing From Precedent

• Reconciling Distinguishing Cases
• Are Moore and Bonerb distinguishable?
• Do you agree with either?

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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?

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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

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TAKEAWAYS

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

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READING RULESMAP-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,

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READING RULESMAP-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,

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READING RULESMap-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,

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READING RULESMap-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.