Civil Procedure: Pleading & Discovery

What is the pleading standard established by the Supreme Court in Twombly and Iqbal?

The Twombly and Iqbal standard requires that a complaint must contain sufficient factual matter to state a claim to relief that is "plausible on its face," moving beyond mere conceivability.

Under Rule 12(b)(6), what must a court assume when evaluating a motion to dismiss for failure to state a claim?

When evaluating a Rule 12(b)(6) motion, the court must assume all well-pleaded factual allegations in the complaint are true and draw all reasonable inferences in the plaintiff's favor, but it does not accept legal conclusions as true.

What defense is raised by a Rule 12(b)(1) motion?

A Rule 12(b)(1) motion raises the defense of lack of subject-matter jurisdiction.

What happens if a defendant fails to plead an affirmative defense in their answer under Rule 8(c)?

If a defendant fails to plead an affirmative defense in their answer, the defense is generally considered waived and cannot be raised later in the litigation, absent an amendment to the pleadings.

What is the defining characteristic of a compulsory counterclaim under Rule 13(a)?

A compulsory counterclaim arises out of the same transaction or occurrence that is the subject matter of the opposing party's claim and must be asserted in the current pleading, or it is waived.

What is a permissive counterclaim under Rule 13(b)?

A permissive counterclaim is any claim against an opposing party that does not arise out of the same transaction or occurrence as the opposing party's claim.

Under Rule 13(g), what is the requirement for a party to assert a crossclaim against a coparty?

A crossclaim against a coparty must arise out of the same transaction or occurrence that is the subject matter of the original action or of a counterclaim.

Under Rule 14 (Impleader), when may a defending party, as a third-party plaintiff, bring in a third-party defendant?

Under Rule 14, a defending party may implead a nonparty who is or may be liable to the defending party for all or part of the claim against the defending party (e.g., for indemnity or contribution).

Under Rule 15(a), when does a party have the right to amend its pleading "as a matter of course" (without court permission)?

A party may amend its pleading once as a matter of course within 21 days after serving it, or if the pleading requires a responsive pleading, within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion.

Under Rule 15(c), when does an amendment to a pleading that adds a new claim "relate back" to the date of the original pleading for statute of limitations purposes?

An amendment adding a new claim relates back to the original pleading when the new claim arises out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading.