A ross v ah robins π s complaint certainly gave

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a. Ross v AH Robins - Π s complaint certainly gave essential elements of case so that could frame their answer as per R 8, but still dismissed under R 9(b) b/c didn’t show any actual knowledge on s part that they knew they were fraudulently misleading consumers b. But heightened specificity doesn’t apply to everything… i. Swiercewica v Sorema SCOTUS overrules 2d Cir’s rule that must allege a prima facie case of discrim to avoid dismissal b/c it conflicts w/ R 8(a) (short and plain stmt). SCOTUS says R 9 doesn’t apply to discrimination and that Π s complaint here gives fair notice. ii. In cases where R 9(b) doesn’t apply, remedies are usually under R 12 and R 56: 1. if they want more information can use R 12 (more definitive stmt) 2. if they feel it lacks merit, can use R 56 (SJ)
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o Heightened Specificity For certain claims (i.e. fraud, mistake, etc…) the courts will require a higher standard of specificity in the allegations – Rule 9(b) . In cases where 9(b) doesn’t apply, the D has 2 options: (1) Rule 12 = More definitive statement (2) Rule 56 = Summary Judgment A. The Plaintiff’s Side of the Story: The Complaint: CB 114-124 (background); Fed. R. Civ. P. 7, 8, 9, 10, 11, 12; cf Forms 1, 2, 7, 11 2. Consistency and Honesty in Pleadings Text: 135-152 Rule: 11 Rule 11 requires attorney to sign all documents; except discovery documents, which are certified under 26 --When documents are signed it is to certify that to the best of the attorney’s knowledge after an inquiry reasonable under the circumstances 1) Paper is not for improper purpose 2) Any legal contentions warranted by the law and do not include frivolous allegations that the law should be changed 3) All factual contentions have evidentiary support 4) All denials of factual allegations have evidentiary support 1993 Amendment cut back on rule 11 claims changing that 1) Certification is continuing – every time document is presented it is still true 2) Motions for violations of FRCP 11 are served and not filed a. When served non-moving party has 21 days in which to withdraw the document b. If not withdrawn in 21 days, rule 11 motion can be filed 3) Sanctions are now discretionary a. From “shall” be imposed to “may” be imposed b. Point of sanctions is to deter not punish c. Usually non-monetary - extensive review of Rule 11 - Rule 11(b)(4) deals with the denial of allegation by the defendant - Rule 11(b)(1) - can be brought by motion or on court initiative - safe harbor not available if court initiative
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- Rule 11(d) DOES NOT APPLY TO DISCOVERY - Rule 11 must be served on opposing counsel 21 days before filing to allow them to fix it before filing; the defective complaint would then be amended - Pre-1983 Toothless - 1983-93 Beefed up (caused a lot of 11 motions) - 1993 Watered down a bit When lawyers sign petitions, they allege: 1. They’re not harassing or delaying 2. Not frivolous 3. The allegations have factual evidence 4. Any denials are based on evidence - Rule 11 applies to papers filed in court (and oral args if paperwork filed, too)
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