Pleading/Complaint

Question 1

What should a pleading contain?

Answer 1

Factual assertions (allegations) that support jurisdiction and legal claims
-Complaint: grounds for jurisdictions
-Short+plain statement of claim
-Demand for relief

Question 2

Twiqbal: Background

Answer 2

Twombly+Iqbal Standard
-Twombly: We do not require heightened fact pleadings of specifics but enough facts to state a claim that is plausible
-Iqbal: “well-pleaded allegations” more than a mere conclusory statement, can’t just recite elements.

Simply put: P must plead facts that allow court to draw a reasonable inference that D is liable

Question 3

Twiqbal: Test

Answer 3

1. Addresses elements of the claim
2. Allegations are well pleaded
3. Well-pleaded allegations are plausible.

If all yes: Defeat MTD

Question 4

Answer

Answer 4

1. D must respond to substantive allegations from P
   a) admit
   b) deny
   c) D lacks knowledge or information to form a belief as to truth (effect of denial)
   d) General denial denies entire claim
2. D has 21 days to answer unless service was waived, then they have w/in 60 after waiver
3. D can raise affirmative defenses
4. D can assert own claims against P or others & P must answer counterclaims