Monday, January 23, 2017

For Wednesday--Section C

Monday audio--Hour I, Hour II.

We continue with Rule 11.We start with the question we left on--how is pleading inconsistent or contradictory claims consistent with FRCP 11(b)(3)? Consider how VOA handled that in ¶¶ 68-74 of the Complaint?
   • Then consider what sanctions are imposed--what is the purpose of sanctions under 11(c)(4)? What other purpose might courts seek to serve in the sanctions it imposes?
   • Then consider the processHow does the "safe harbor" operate for parties seeking sanctions under 11(c)(2)? What were the problems with the sanctions motion in Roth? Did the procedural defects get the attorney off the hook for sanctions?

We then move to Responding to a Complaint: Motions, which looks at the first option for a defendant in responding to a Complaint. Do not worry about the waiver hypotheticals; we will do those for next week. But read all the assigned materials--in addition to the rules listed on the syllabus, please look at FRCP 3 and 4 (focusing on 4(a), (c), (e), (f), and (m)). Pay close attention the timing requirements in FRCP 12(a). Then figure out what each of the defenses are in FRCP 12(b). What does it mean for a claim to "fail to state a claim" under 12(b)(6)? What might be the difference between saying a claim is "legally defective" as opposed to "factually defective."

Finally, because it was asked after class: I will occasionally lecture on material in class that was not part of the reading, usually because the material involves side issues for which I do not want to impose additional reading.