Penny Serves David with a Copy of a Summons and Complaint

question 38

Essay

Penny serves David with a copy of a summons and complaint. The complaint alleges that David cheated on an examination and received an "A" in the course. Penny was in the same class and was borderline between an "A" and a "B." Because of the instructor's grading curve, David's grade pushed Penny's down and she received a "B." This lowered her grade point average and reduced her job prospects. Penny asks the court to reduce David's grade to an "F" and change her grade to an "A." In the alternative, she asks that David pay her a sum representing her reduced earning capacity for the remainder of her life. Discuss:
a. What pleadings might David file, and why?
b. What types of relief is Penny seeking? Explain?