A scheduling order set March 1 as the deadline to amend pleadings. On May 15, after reviewing documents produced late by the defendant, the plaintiff moved to add a related fraud count. The plaintiff acted within two wee...
Citations: Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 15(a)
A corporation incorporated and headquartered in State X was sued in federal court in State Y by a State Y plaintiff. The complaint alleged state-law negligence and sought $60,000 in damages. Before answering, the corp...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
A publisher sued an author in federal court for breach of a manuscript-delivery contract. The complaint alleged that the author signed the contract, received a $75,000 advance, promised to deliver a manuscript by May...
Citations: Fed. R. Civ. P. 8(b), Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 12(f), Fed. R. Civ. P. 15
The complaint described a scheme in detail but used conclusory language for one required element. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best analysis? Corr...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
The complaint described a scheme in detail but used conclusory language for one required element. One side relies on notice and practical reliance; the other side points to an omitted formal step. Which statement is m...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
The complaint described a scheme in detail but used conclusory language for one required element. The decision maker must choose between a categorical shortcut and a fact-sensitive standard. Which statement is most co...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
A complaint alleged that the defendant signed a contract on March 1, received $40,000, breached on July 1, and caused $90,000 in damages. The answer denied damages but did not respond to the allegations about signing,...
Citations: Fed. R. Civ. P. 8(b)
...case. Which statement is most accurate? The correct answer separates pleadings that cannot be answered from pleadings containing matter that may be struck. Fed. R. Civ. P. 12(e), Fed. R. Civ. P. 12(f)
Citations: Fed. R. Civ. P. 12(e), Fed. R. Civ. P. 12(f)
A consumer filed a federal complaint alleging that a lender violated a disclosure statute. The complaint states the loan date, the disclosure form used, the missing finance-charge box, and the consumer's resulting ove...
Citations: Fed. R. Civ. P. 8(a), Fed. R. Civ. P. 12(b)(6), Bell Atl. Corp. v. Twombly, Ashcroft v. Iqbal
A defendant answered a federal complaint by denying liability. The answer did not mention release, payment, statute of limitations, or waiver. Six months later, the defendant sought summary judgment based on a release...
Citations: Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 15
A defendant believed a complaint contained baseless factual allegations. The defendant filed a Rule 11 sanctions motion with the court the same day it served the motion on the plaintiff. The motion was combined with a...
Citations: Fed. R. Civ. P. 11
A defendant filed a pre-answer motion to dismiss for failure to state a claim. The motion did not mention personal jurisdiction, even though the defendant knew it had no contacts with the forum. After the court denied...
Citations: Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...rate buses. The scheduling order set a deadline of June 1 for amended pleadings. On July 15, after taking the driver's deposition, the passenger moved to amend to substitute Metro Transit Authority as defendant and add a...
Citations: Fed. R. Civ. P. 15, Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
A plaintiff filed a complaint in federal court. Ten days after the defendant served a Rule 12(b)(6) motion, the plaintiff filed an amended complaint correcting factual allegations and adding a related claim. The plain...
Citations: Fed. R. Civ. P. 15(a)
...he contract to the complaint. The defendant moved for judgment on the pleadings and attached a new affidavit from its controller describing settlement negotiations not mentioned in the complaint. The court wants to rely...
Citations: Fed. R. Civ. P. 12(c), Fed. R. Civ. P. 12(d), Fed. R. Civ. P. 56
A plaintiff timely sued "Harbor Cruises Inc." after being injured on a ship. The proper owner was "Harbor Cruises LLC," which used the same claims office and received the complaint within the Rule 4(m) service period....
Citations: Fed. R. Civ. P. 15(c), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
A small medical-device company sued a hospital system in federal court. The complaint alleges that the hospital promised to buy 500 monitors, accepted 120 monitors, stopped payment, and then falsely told other hospita...
Citations: Fed. R. Civ. P. 8, Fed. R. Civ. P. 9(b), Fed. R. Civ. P. 12(b)(6), Bell Atl. Corp. v. Twombly, Ashcroft v. Iqbal
A tenant sued her landlord in federal court alleging that the landlord entered her apartment, stole jewelry, and discriminated against her based on national origin. Before filing, the tenant's lawyer interviewed the t...
Citations: Fed. R. Civ. P. 11, Fed. R. Civ. P. 26(g)
...the strongest arguments for each side, state the controlling rule for pleadings and Rule 12 motions, apply it to the material facts, and explain the likely remedy or consequence. This essay tests pleadings and Rule 12 mo...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...the strongest arguments for each side, state the controlling rule for pleadings and Rule 12 motions, apply it to the material facts, and explain the likely remedy or consequence. This essay tests pleadings and Rule 12 mo...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
The complaint described a scheme in detail but used conclusory language for one required element. Another actor changed position after relying on the relevant statement, document, or official action. Which analysis be...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
The complaint described a scheme in detail but used conclusory language for one required element. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
The complaint described a scheme in detail but used conclusory language for one required element. The disputed action was partly authorized but exceeded an important limitation. Which statement best explains the conse...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
The complaint described a scheme in detail but used conclusory language for one required element. The facts are close, and both sides can cite a rule that appears favorable. What should a strong answer do first? Corre...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
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