Topic
Pleading Standard
319 published works
De Novo
Ream v. Egan–SCOVA Oral Argument on Pleading Standards in Gross-Negligence Cases
By Jay O'Keeffe
The Supreme Court of Virginia heard argument yesterday in Ream v. Egan, Record No. 250979. The issue on appeal is whether the Court of Appeals erred by holding that the…
Drug & Device Law
A TwIqbal Decision Even John Denver Could Get Behind
Last week this blogger was in Morgantown for a sophomore daughter and a Mountaineers game. This week it was Harrisonburg, Virginia, for the last parent weekend with our senior son…
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…
Zalma on Insurance
Amended Complaint Utterly Failed to Comply with Basic Pleading Requirements
By Barry Zalma
Missing Insurance Check Resulted in More than 200 Page Pro Se Complaint Post 5414 Defendants Needed to Wade Through a Thicket Of Background Detail And Evidentiary Matter” To Identify Which…
Drug & Device Law
Pleading Around Obvious Defenses
The now well-known requirement from the TwIqbal cases that a complaint contains factual allegations that establish that relief is plausible derives from Rule 8(a)(2) requirement that each pleading contain “a…
Patent Law Weblog
Hikma v. Amarin: The Amici Speak – Part III
By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of…
Chicago IP Litigation
Northern District Clarifies Pleading & Injunction-Dissolution Standards in Schedule A Case
Quiju Chen v. John Does 1–10, et al., No. 25 C 6611, Slip Op. (N.D. Ill. Oct. 29, 2025) (Tharp, J.). In an omnibus order Judge Tharp resolved a number…
Paul W. Mollica Federal Courts Blog
Split Ninth Circuit Panel Issues Caution on So-Called “Shotgun Pleadings”
In Gibson v. City of Portland, No. 24-1663 (9th Cir. Jan. 29, 2025), a split panel addresses when it may be appropriate for a district court to strike what it…
Wait A Second!
Supreme Court once again rejects heightened pleading in federal court
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Supreme Court does not often issue stand-alone rulings on pleading requirements in federal court, a curious track record since every lawsuit was once filed in the clerk's office and…
BuildSmart
GAO Issues a New Bid Protest Pleading Standard
By Patrick R. Quigley, Aron C. Beezley
In a recent decision, the Government Accountability Office (GAO) clarified its minimum pleading standard for bid protests. The decision was a bit unusual because, unlike the courts, the GAO rarely…