Wednesday audio--B; A. Essay # 1will post next Wednesday (Feb. 4) and due the following Wednesday (Feb. 11). Clarifiying schedule for Friday make-ups:
Section A: 9:30-10:40; 20-minute break; 11-12:10
Section B: 1-2:10; 20-minute break; 2:30-3:40.
We pick up with FRCP 12(f), so review Trump and Doe.
For tomorrow: Prep The Idea of Notice Pleading and Fact or Heightened Pleading (except Swierkiewicz). FRCP 9(b) (and § 78u-4(b)) represent our first non-trans-substantive rules. Consider the likely/possible rationales for treating fraud and mistake differently than other claims and whether those rationales justify special treatment.
For our double session Friday, we wil finish Fact or Heightened Pleading (including Swierkiewicz), then move to Present and Future of Federal Pleading,
