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Pleading Standard

319 published works

  1. 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…

  2. Drug & Device Law

    A TwIqbal Decision Even John Denver Could Get Behind

    By Michelle Yeary

    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…

  3. 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…

  4. 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…

  5. Drug & Device Law

    Pleading Around Obvious Defenses

    By Eric Alexander

    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…

  6. Patent Law Weblog

    Hikma v. Amarin: The Amici Speak – Part III

    By Zuhn21b31b8b84f

    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…

  7. Chicago IP Litigation

    Northern District Clarifies Pleading & Injunction-Dissolution Standards in Schedule A Case

    By R. David Donoghue

    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…

  8. Paul W. Mollica Federal Courts Blog

    Split Ninth Circuit Panel Issues Caution on So-Called “Shotgun Pleadings”

    By Paul W. Mollica

    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…

  9. 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…

  10. 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…