Statute
Rule 8
9 published works
Appellate and Supreme Court
A Complaint Is a Claim, Not a Finding: A Better Vocabulary for Legal Publishing
By Lucas S.
Legal reporting often begins before a judge has decided anything. A complaint is filed, an agency announces an enforcement action, or a company denies the accusations against it. The public…
Original Source
Court Grants Motion to Dismiss FCA Claim for Failure Adequately to Plead Scienter
By Jaime L.M. Jones, Scott D. Stein, Joseph R. LoCascio, Hannah Zobair
Recently a court took the rare step of granting a motion to dismiss a qui tam suit because the relator’s vague and conclusory scienter allegations failed to satisfy Rules 8…
The Trademark Blog
SDNY: Ratermann v Pierre Fabre: Rule 8 “Alter ego”
Furman J.: Plaintiff satisfies Rule 8 asserting that unrelated defendants acted as alter egos for each other.
Property Insurance Coverage Law Blog
In a Typical First-Party Insurance Claim Dispute, Which Claims Fall Under the Strict Rule 9(B) Pleading Standard?
The question stated in the title was answered again recently by a newly appointed Dallas Federal District Court Judge for the Northern District of Texas, the Honorable Ada Brown. In…
North Carolina Appellate Practice Blog
Breaking News: New En Banc Rule 31.1 Adopted By Supreme Court
By Beth Scherer
The Supreme Court of North Carolina just adopted new Appellate Rule 31.1 entitled “Motions for En Banc Consideration by the Court of Appeals.” While I am still digesting this rule,…
Civil Procedure & Federal Courts Blog
Marcus on Interpreting the Federal Rules
By Civil Procedure & Federal Courts Blog
David Marcus (University of Arizona) has posted When Rules are Rules: The Federal Rules of Civil Procedure and Institutions in Legal Interpretation to SSRN.Abstract: Like any legal text, the Federal Rules…
Life Sciences Legal Update
In Iqbal v. Ashcroft, the United States Supreme Court Rejects Truthiness As The Pleading Standard Under Rule 8
By Lisa Baird
This post was written by Adam M. Masin. The American Dialect Society named “truthiness” as the word of the year for 2005 and Merriam-Webster followed suit in 2006. Popularized by…
Labor Law Prof Blog
Pleading an Employment Discrimination Case After Ashcroft v. Iqbal
The Civil Procedure listserv has been aflutter ever since the Supreme Court yesterday released Ashcroft v. Iqbal. In that case, the Court upheld the 12(b) dismissal of a Bivens action…
Civil Procedure & Federal Courts Blog
Dodson on Erickson
By Civil Procedure & Federal Courts Blog
Last week we reported on Erickson v. Pardus, the Court's first pleading decision since Bell Atlantic v. Twombly. Below, Prof. Scott Dodson offers his thoughts on Erickson. Dodson's original thoughts…