Skip to main content

Statute

Rule 8

9 published works

  1. 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…

  2. 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…

  3. The Trademark Blog

    SDNY: Ratermann v Pierre Fabre: Rule 8 “Alter ego”

    By Marty Schwimmer

    Furman J.: Plaintiff satisfies Rule 8 asserting that unrelated defendants acted as alter egos for each other.

  4. Property Insurance Coverage Law Blog

    In a Typical First-Party Insurance Claim Dispute, Which Claims Fall Under the Strict Rule 9(B) Pleading Standard?

    By Merlin Law Group

    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…

  5. 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,…

  6. 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…

  7. 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…

  8. Labor Law Prof Blog

    Pleading an Employment Discrimination Case After Ashcroft v. Iqbal

    By Workplace Prof

    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…

  9. 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…