DEF’T BASIS FOR TRANSFER RELEVANT COL PRINCIPLES DISTRICT COURT THIRD CIRCUIT Piper (PA) 1404(a) SMJ ok Venue ok PJ not contested Both District Court and Court of Appeals agree: use California state COL principles for Piper. Rule employed: use COL principles of transferor (original) court when that court had PJ and venue. California COL requires use […]
This handout replaces the first three paragraphs of Iqbal Part IV.A, found on pp. 452-53 of the casebook. The main added text is in italics. IV A We turn to respondent’s complaint. Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to […]
FIRST STEP: Probative Copying Question is whether actual copying took place. This can be shown in two ways: Direct proof (by admission or other direct proof); OR Circumstantial evidence. This, in turn, can be shown by access to the plaintiff’s work PLUS “substantial similarity” between the parties’ works: Access: remember that access without similarity is not copying. Similarity: […]
Scoring for each component will be done on a 4.0 scale. Below is a brief explanation of what I look for in each category. Complaint, summons, cover sheet 35% Exhibits to complaint 15% Memorandum 50% Total 100% Civil complaint: body of complaint, summons, cover sheet (35%). Scoring considerations include: Does the complaint include a proper caption and numbering as required by […]
