HOW HAS THE LAW CHANGED? Conley Twiqbal Fair notice Required (p. 443) Still required The needed “showing” Possibility pleading (p. 427): “[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle […]
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 […]
Below is a resource regarding pleadings, including subjects such as the complaint, answer, plausibility, amendments, and relation-back.For a master listing of all Civ Pro MBE resources on this site, click here. MBE Pleadings review Spring 2015This video covers selected issues regarding pleadings. Topics covered include:ComplaintMotion to dismiss for failure to state a claimConley (fair notice) and Twombly/Iqbal (plausibility)Answer […]
This weekend, I posted many updates to the website. Here are highlights. Updated Assignment for this Wednesday, Oct. 15. See the email sent out earlier today as well as the Assignments page. Next week’s (week of Oct. 20) tentative assignment and PJ Big Picture Day. If our room is available for a long session next Monday (Oct. 20), […]
