Legal Standards for Pleading Causes of Action: Factual Allegations and Signing Pleadings, Slides of Civil procedure

Download Legal Standards for Pleading Causes of Action: Factual Allegations and Signing Pleadings and more Slides Civil procedure in PDF only on Docsity!

Bell Atlantic Corp. v. Twombly

(U.S. 2007)

While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations…a plaintiff’s obligation to provide the “grounds” of his “entitle[ment] to relief” requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).

Aschcroft v. Iqbal

(U.S. 2009)

pleading special matters

(fraud)

fraud

• statement (omission if duty to speak)
• of material fact
• that is false (or misleading)
• with knowledge of falsity

often intent that plaintiff rely

• reasonable reliance on statement by plaintiff
• causation of damages

Rule 11. Signing Pleadings,

Motions, and Other Papers;

Representations to the Court;

Sanctions

(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.

(d) Inapplicability to Discovery.

This rule does not apply to

disclosures and discovery requests,

responses, objections, and

motions under Rules 26 through

(1) it is not being presented for any

improper purpose, such as to

harass, cause unnecessary delay, or

needlessly increase the cost of

litigation;

14

Murphy v. Cuomo

(N.D.N.Y. 1996)

Does the evidentiary support have

to be admissible at trial?

17

Example 1

• Each allegation in the complaint was prefaced with the following statement:

“The following allegation is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery:”

19

Example 2

• The invocation of the drug statute was prefaced by the following: “We would like the law to be extended such that a private right of action should be read into this statute.”