Wednesday, February 1, 2017

For Monday--Section C

Wednesday audio.

We continue with Twiqbal. Look at the 2015 and 2016 Year-End Reports from Chief Justice Roberts and what they say about district judges and their roles in managing litigation. Is there another way, besides raising the pleading bar, to control the cost, burden, and expense of discovery--and how does that relate to the Chief's description of the work district judges do? What is the analysis that Iqbal requires? What does "plausible" mean and how should courts figure it out? Be ready to discuss the sufficiency (or insufficiency) of the complaints in Iqbal, Twombly, Johnson, and all four of our sample complaints. What is good strategy for defendants now?

This will take us through Wednesday Monday and into Wednesday. If you are looking to read ahead to Wednesday, focus just on defenses and affirmative defenses. So prepare FRCP 4 (current verison) 8(b) and (c), FRCP 12(a), (b), and (c), Zielinski, and this answer in Kinsman v. Winston.