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Civ Pro Cases - Jordan
Terms in this set (32)
Dioguardi v. Durning
A complaint must contain a short and plain statement of the claim showing that the pleader is entitled to relief. It is not strictly required to identify the substantive law in a claim.
Conley v. Gibson
The accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief
Doe v. Smith
Under the FRCP 8(a)(2), a plaintiff's complaint is sufficient if it states a claim for relief.
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
If Rule 9(b) of the Federal Rules of Civil Procedure does not require specific pleading of a certain type of claim, the court cannot interpose a higher standard of specificity. A federal court cannot apply a "heightened pleading standard" since Rule 8(a)(2) requires that a complaint contain only "a short and plain statement showing that the pleader is entitled to relief".
Bell Atlantic Corporation v. Twombly
a complaint will only survive a motion to dismiss if it alleges nonconclusory (a statement that does not draw conclusions without any facts) facts that, taken as true, state a claim to relief that is plausible on its face.
Ashcroft v. Iqbal
a complaint must be nonconclusory, base allegations on facts, and be plausible under the rules of logic and circumstances to be well pleaded.
Webb v. Habitat Humanity
States can set their own standards.
Virgin Records America, Inc. v. Lacey
Under the Federal Rules of Civil Procedure (FRCP), entry of a default judgment is proper where a defendant has failed to appear or defend a lawsuit after proper service.
Matos v. Nextran, Inc.
A defendant's FRCP Rule 12(b)(6) motion to dismiss will only be granted if, when all reasonable inferences are drawn in favor of the plaintiff, the complaint does not state a claim upon which relief may be granted.
Hunter v. Serv-Tech, Inc.
Under Rule 12(h)(1) of the Federal Rules of Civil Procedure (FRCP), a party must assert any objection to personal jurisdiction, venue, or service of process in its first pre-answer motion to dismiss or responsive pleading or the objection is waived.
Reis Robotics USA, Inc. v. Concept Industries, Inc.
Under the Rule 12(f) of Federal Rules of Civil Procedure (FRCP), a district court has discretion to strike an insufficient defense or any redundant, immaterial, impertinent or scandalous matter.
Ingraham v. United States
Under Rule 8(c), affirmative defenses must be pleaded in a timely fashion, or else the defenses are waived.
Hays v. Sony Corp. of America
An attorney who fails to make a reasonable inquiry into whether the claims asserted have a basis in law and fact may be sanctioned under FRCP Rule 11.
Hunter v. Earthgrains Co. Bakery
Under FRCP Rule 11, an attorney may not be sanctioned for asserting a claim that contradicts precedent unless there is no basis for extending, modifying, or reversing the existing law.
Beeck v. Aquaslide 'N' Dive Corp.
A party may amend his pleading only by leave of court or written consent of the adverse party and leave shall be freely given when justice so requires.
Foman v. Davis
Leave to amend shall be given by a court when justice so requires so long as the amendment doesn't meet all of the factors listed.
(1) undue delay
(2) bad faith
(3) dilatory motive on part of the movant
(4) futility of amendment
(5) undue prejudice to the opposing party by virtue of allowance of the amendment
(6) repeated failure to cure deficiencies by amendment previously allowed
Hardin v. Manitowoc-Forsythe Corp.
Under Rule 15(b) of the Federal Rules of Civil Procedure (FRCP), a court has discretion to amend the pleadings during or after trial to include a new issue if the parties expressly or impliedly consented to litigating the issue or amendment would not cause prejudice.
Bonerb v. Richard J. Caron Foundation
A claim relates back to the initial pleading when the claim asserted in the amended pleading arose out of the same nucleus of operative facts set forth in the original pleading.
Krupski v. Costa Crociere S.P.A.
Relation back under Rule 15(c) does not depend on the amending party's knowledge or timeliness.
Flores v. Southern Peru Copper Corp.
Under FRCP Rule 26(a)(1), the required initial disclosures may be delayed by agreement of the parties or by order of the court.
Tucker v. American International Group, Inc.
A court can limit discovery when the burden or expense of the proposed discovery outweighs its likely benefit.
Hickman v. Taylor
While the protective cloak of attorney-client privilege does not extend to information that an attorney secures from a witness while acting for the client in anticipation of litigation, an attempt, without necessity of justification, to secure written statements, private memoranda and personal recollections prepared or formed by an adverse party's counsel, falls outside the arena of discovery.
Chudasma v. Mazda Motor Corp
FRCP Rule 26 requires federal district courts to actively manage the cases before them, including ruling on parties' pretrial motions and objections to discovery requests.
J.F. Edwards Construction Co. v. Anderson Safeway Guard Rail Corp.
Rule 16 of the Federal Rules of Civil Procedure (FRCP) does not authorize a district court to compel parties to make stipulations of fact.
Davey v. Lockheed Martin Corp.
Rule 16 of the Federal Rules of Civil Procedure (FRCP), permits amendment of a final pretrial order, but only to prevent manifest injustice.
In re Bath and Kitchen Fixtures Antitrust Litigation
FRCP Rule 41 allows a plaintiff to voluntarily dismiss a lawsuit without prejudice any time before the defendant has filed an answer or a motion for summary judgment.
Turnya v. Martam Construction Co.
When a jury returns an inconsistent verdict, FRCP Rule 49 allows the judge to enter a verdict consistent with the answers to interrogatories, send the jury back for further deliberations, or order a new trial.
Pennsylvania Railroad Co. v. Chamberlain
"in light of" A defendant is entitled to a directed verdict in a case where the proven facts give equal support to each of two inconsistent inferences, where the plaintiff has the burden of proof.
Lane v. Hardee's Food Systems, Inc.
"standing alone" Rule 50 of the Federal Rules of Civil Procedure (FRCP) permits a judge to grant a judgement as a matter of law when a party, after being fully heard on an issue, has not offered sufficient evidence to sustain a jury verdict in her favor.
Trivedi v. Cooper
Under federal law, if a jury verdict goes against the weight of the evidence, a district court judge may enter JMOL, order a new trial, or reduce the jury verdict by remittitur.
Slaven v. City of Salem
Under Rule 56(c) of the Massachusetts Rules of Civil Procedure (MRCP), a defendant's motion for summary judgment will be granted if the plaintiff cannot provide evidence of a genuine issue for trial. The plaintiff can't use the complaint to allege a genuine dispute of material facts.
Celotex Corp. v. Catrett
A party making a motion for summary judgment does not need to provide affirmative evidence in the form of affidavits to support its motion.
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