Topic
Pleading Standard
319 published works
Government Contracts Navigator
GAO Sharpens its Pleading Standard Description: But Did GAO Raise the Bar?
David L. Bodner, Elizabeth N. Jochum, Stephanie M. Harden, and Luke W. Meier ● In a recent decision, GAO announced that it was clarifying its pleading standard for bid protests. …
The Virginia Defamation Law Blog
Virginia’s “Exact Words” Requirement: Don’t Sue If You Don’t Know What Was Said
Virginia state courts have made it abundantly clear: if you’re going to sue someone for defamation, you’d better know exactly what they said—and be able to plead those words with…
Zalma on Insurance
Court Has No Subject Matter Jurisdiction
By Barry Zalma
Failure to Allege a Short and Plain Statement of a Claim is Fatal to Suit Post 5095 See the full video at https://rumble.com/v6uks6d-court-has-no-subject-matter-jurisdiction.html and at https://youtu.be/N_FL3Z-rWXc Even a Pro Se…
Supreme Court Update
First Monday OT24
By Tadhg Dooley, David R. Roth
Greetings, Court Fans! It’s the First Monday in October, the traditional start of a new Supreme Court term. Coinciding with the start of OT24, we’re heralding a new way of…
Drug & Device Law
Another Pretty Potent Painkiller Preemption Decision
Even though lawyers who bill for their time defending product liability cases might favor those cases sticking around and plaintiffs getting many chances before inevitable dismissals with prejudice, we have…
Sidley Austin Blog
Kitchen-Sink Pleading Will Not Fly In Delaware
Vice Chancellor Glasscock recently affirmed in BV Advisory Partners, LLC v. Quantum Computing Inc., C.A. No. 2022-0719-SG, that more is not always better when it comes to pleading claims. In…
Inside Class Actions
Supreme Court to Review Securities Pleading Standard
Last week, the Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:or Fonder AB to address two important questions on the standard for pleading securities fraud claims under…
Commercial Case Notes
Court Dismisses Claims Because They Used Conclusory Allegations
By John Lundin
On April 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2024 NY Slip Op. 31473(U), dismissing claims because…
Gulf Coast Business Law Blog
US Fifth Circuit Upholds 12(b)(6) Dismissal, Emphasizing Need for Adequate Facts in Contract and Quasi-Contract Claims and Refusing to Allow Amendment to Omit Allegations Fatal to Plaintiff’s Claims
By Kathryn Gonski, Shannon Skelton Holtzman, Ellen D. George
On February 15, 2024, Liskow lawyers Kathryn Gonski and Shannon Holtzman secured a unanimous, published United States Fifth Circuit Opinion in Shaw v. Restoration Hardware, Inc., affirming a Rule 12(b)(6)…
Tort Talk
Court Addresses Specificty Requirements With Respect to Federal Court Complaint
In the case of Bravo v. City of Philadelphia, No. 22-5190 (E.D. Pa. Sept. 19, 2023) (Op. by Pappert, J.), the Eastern District Federal Court declined to dismiss a Complaint…