Pleadings The Complaint Specificity

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PleadingsThe ComplaintSpecificity
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Fact Pleading vs. Notice Pleading
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Mo vs. Feds

• Mo
• Officially Fact Pleading
• Practically Slightly Strict Notice Pleading
• Federal Courts (including MO)
• Notice Pleading

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Fact Pleading in MO

• Elusive Trichotomy
• Legal Conclusions
• Evidentiary Facts
• Ultimate Facts
• Practical Approaches
• MAI
• Outline (Levels of Abstraction) Drafting

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Why Plead Generally?

• Why Would P Want to Avoid Specificity?
• Discovery Limitations
• Limitations on Proof
• Rule 11
• Statutes of Limitations
• Surprise

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Gillespie v. Goodyear

• Who was P suing?
• What did she allege?
• What was wrong with her complaint?
• What is the purpose of a complaint?
• Did Gillespies complaint serve those purposes?

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Conley v. Gibson

• What is the Conley standard for sufficiency of a
  complaint?
• Motion to dismiss should not be granted unless
• It appears beyond doubt
• That P can prove no set of facts
• In support of Ps claim
• That would entitle P to relief.

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Board of Harbor Commissioners

• What did P allege in this case?
• Based on this case
• What is the standard for granting a 12(e) motion
  for more definite statement?
• How often would you expect one to be granted?
• What does the language of the rule tell you?
• Look Out for Crawford-El!