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IV. Pleadings (pp. 121-227; Rules 1-3, 5, 6-13, 15, FRCP, many of which are tied to particular topics below; additional rules cited below; Stern, The Buffalo Creek Disaster, Parts II and III)
A. Why you're glad you live now: a brief history (pp. 121-26) (not for class discussion)
B. The complaint: plaintiff's story -- Rules 7(a); 8(a),(e), (f); 10.
1. How detailed do you have to be? Rule 9 (pp. 126-38)
2. What if the details conflict? (pp. 138-42)
3. What restrains an over-active imagination?
a. Rule 11 (pp. 143-56)
b. Rule 12(b)(6) (pp. 156-62)
c. Rule 9(b) (pp. 163-73; omit Cash Energy at pp.173-77 and mid-p.181-89 [up to C.]; read pp. 177-81 and add 22-page handout on Bell Atl. Corp. v. Twombly)
C. Defendant's turn at bat
1. Motions to dismiss -- Rule 12 (pp. 189-91)
2. What if you don't respond? -- Rules 8(d), 54(c), 55 & 60 (pp. 191-99)
3. The answer -- Rules 8(b)-(f); 10.
a. Choices (yes, no, and I don't know) (pp. 199-203)
b. Affirmative defenses ("yes, but ... ") -- Rule 8(c) (pp. 204-07)
c. Counterclaims ("he owes me") -- Rule 13 (pp. 207-12)
D. Changing your mind
1. Voluntary dismissals -- Rule 41(a) (pp. 212-14)
2. Amendments -- Rule 15 (pp. 214-27)
E. LECTURE
An interjection: Now that you know what you need to get a lawsuit off the ground, consider whom (and on what claims) you can sue in a single lawsuit. Review Rules 18, 19, 20, 24, F.R.C.P.
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