Friday audio--Section A, Section B. Essay # 3 will be posted on Thursday, February 13 and due in class on Thursday, February 20. I hope to have Essays ## 1 and 2 graded and back to you by early next week. I will post sample answers after the grading is complete.
We will have a few minutes of clean-up on Twiqbal. How does the context-specific inquiry for plausbility help the plaintiffs in VOA and Godin? Be sure to incorporate the language in NRA that I posted earlier this week. The stuff on the board today shows everything that goes into the Complaint and what you have to think about in drafting and arguing over the complaint
We turn to Respsonsive Pleadings. As we will see, there are three pieces to a responsive pleading: 1) Failure-of-Proof Defenses; 2) Affirmative Defenses; and 3) Additional Claims. For Wednesday, we will focus on # 1. Prep FRCP 7(a), 8(b), 10, 12(c), and 12(f), along with Zielinski and King Vision. Work through the Answer in Kinsmann and how the defendant offers different responses to different allegations and whether those responses are proper.
• What are the defendant's responsive options? How does the Kinsmann answer use each and does it do so properly?
• Must the defendant explain a response?
• What was wrong with the defendant's initial response to ¶ 4 in Zielinski?
• What is the remedy for an improper defense?
• How can each party use FRCP 12(c) in response to the defendant's responses to the allegations in the complaint?
