2. The normal consequence of failing to plead special damages is being barred from proving them at...
Question:
2. The normal consequence of failing to plead special damages is being barred from proving them at trial. However, with regard to a few types of cases the existence of special damages is an integral part of the claim, and the failure to plead them renders the complaint subject to dismissal. Should the degree of specificity required in pleading special damages be the same in all cases or should it depend on whether the special damages are added elements of injury or an integral part of the claim? Does the fact that a distinction along these lines is drawn by the courts of the state in which the federal court is sitting have any relevance to a federal court’s construction of Federal Rule 9(g)?
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff