Welcome Back:
Graded Essay # 3 available outside my office (both sections).
Scores on Essay # 3:
Section B: Mean:16.25; Median: 16
Section A: Mean: 17.75; Median: 17
Essay # 4 will post at 12:30 p.m. on Wednesday, March 5, due in class on Wednesday, March 12.
Essay # 5 will post at 12:30 p.m. on Thursday, March 6, due outside my office by the beginning of class time on Thursday, March 13 (remember no class that day).
Prelim Exam will post at 9 a.m. on Thursday, March 13 (our off-day), due in class on Thursday, March 20. The exam will consist of ten (10) questions, worth five (5) points each, for a total of fifty (50) points towards your final grade.
Comments on Essay # 3:
• Read and answer the precise question as framed in the problem. If the problem narrows the issues, stay within those issues. You only have 1000 words, so I try to frame the problem to allow you to target a specific issue within that word limit; take advantage of it.
• Section A: The motion conceded that Murray acted in a racist matter (a big concession, because one might describe this as national-origin discrimination, which § 1981 does not cover). You had no reasons to analyze that question; acknowledge the concession and focus on the other elements.
• Section B: The motion only challenged the element of harm/damages. You had no reason to discuss whether Baffert owed a duty or acted negligently and no reason to discuss whether plaintiffs and Churchill Downs had a contract. The motion accepted all of that. Which a defendant might do--if the damages the plaintiffs seek are obviously unavailable as a matter of law, there may be no reason to get into a fight about duty at this point. Especially for purposes of dismissal with or without prejudice--if the allegations of duty are lacking but the court might allow plaintiffs to amend, a defendant might focus on allegations damages which are deficient as a legal matter and thus the basis for dismissing with prejudice.
• Define important terms as part of your RE. What does legal insufficiency mean (and how does it relate to plausibility); what does factual insufficiency (and how does it relate to plausibility)? What does it mean to dismiss with or without prejudice? And explain your conclusions as part of your A--Why should the dismissal be with prejudice? This requires you to be specific and cite the allegations in the Complaint you are talking about. Don't talk in generalities.
• If you identify a conclusory allegation, you can't say "this is conclusory" and stop. Because there may be other nonconclusory facts in the complaint that may establish a sufficient claim; you have to discuss them, as well.
