Thursday audio--Section A, Section B. See everyone at the symposium tomorrow. A sign-in sheet for each section will be available.
We continue with Heightened Pleading.
• Think about possible justifications for subject fraud, mistake, and securities fraud (and only those) to heightened pleading and the counter-arguments for why the rules are not justified.
• What is the argument for treating civil rights cases under FRCP 9(b) and why did SCOTUS reject them? What does the Court do with the argument that civil rights cases raise similar problems to fraud claims?
Then move to Future of Federal Pleading; read everything for Wednesday, as this will take us through most of the week.
• Focus on Twombly and Iqbal and how they changed (or did not change) the meaning of FRCP 8(a)(2). Does any part of Conley survive? What is the pleading standard after Twombly and Iqbal?
• What motivates higher pleading? Can what the Court said about policy arguments in Swierkiewicz be reconciled with Twombly and Iqbal's concerns?
• What are "conclusory facts" and how are they handled on a 12(b)(6)?
• Analyze the complaints in VOA and Godin under the Twombly/Iqbal standard and determine whether they are sufficient.
