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Pleading Standard

319 published works

  1. Drug & Device Law

    Western District of New York Gives Plaintiff Fourth Try to Plead Her Claims

    By Michelle Yeary

    Second chances, sure.  Two bites at the apple, we see it all the time.  Three strikes before you are out, fairly common.  But a fourth amended complaint to cure basic…

  2. Drug & Device Law

    A Short and Plain Statement About the PREP Act

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. Federal Rule of Civil Procedure 8(a)(2) requires that a complaint contain “a short and plain statement of the claim,…

  3. Eye on Enforcement

    Supreme Court Declines to Clarify FCA Pleading Standard

    By Virginia Wright

    How much detail must a plaintiff allege to meet the heightened pleading standards that apply in an FCA case? Appellate courts have taken different approaches, but given a chance to…

  4. Inside the False Claims Act

    Third Time is Not the Charm – Supreme Court Denies Cert. on Rule 9(b) Split Again

    By Taylor Sample

    On October 17, the U.S. Supreme Court summarily denied three petitions asking the Court to resolve a growing circuit split on the application of Federal Rule of Civil Procedure 9(b)…

  5. New York Attorney Malpractice Blog

    Statute of Limitations Not The Reason for Dismissal

    By Andrew Lavoott Bluestone

    In York v Frank  2022 NY Slip Op 05738  Decided on October 12, 2022  Appellate Division, Second Department, after discarding the statute of limitations as a reason to dismiss, the…

  6. Drug & Device Law

    On Pleading Negligence Per Se

    By Bexis

    Bexis has just submitted revisions and updates to Chapter 4 of his treatise, Drug and Medical Device Product Liability Deskbook.  Chapter 4 is “The Federal Framework,” and one of the…

  7. Drug & Device Law

    Childhood Vaccine Case Gets TwIqballed

    By Michelle Yeary

    Since the Supreme Court decided Bruesewitz v. Wyeth LLC, 562 U.S. 223 (2011), product liability litigation over childhood vaccines is rare but not extinct.  As demonstrated by today’s case --…

  8. Tort Talk

    Split of Authority Continues in Luzerne County On Proper Pleading of Recklessness in Personal Injury Actions

    By Daniel Cummins

    In the case of Markiewicz v. Avanti of Drums, Inc., No. 2022-CV-03926 (C.P. Luz. Co. July 12, 2022 Gelb, J.), by Order only, Judge Lesa Gelb of the Luzerne County…

  9. Drug & Device Law

    “Information and Belief” Do Not a Fact Make, Says the Southern District of New York

    By Rachel B. Weil

    We just bought tickets for ourselves and a dear visiting colleague to see Barry Manilow in concert next month.   We love everything about Barry – his songwriting (we orchestrated many…

  10. Subject to Inquiry

    Supreme Court Signals Interest in Clarifying Pleading Requirements in False Claims Act Suits

    By Michael J. Podberesky, John S. Moran, David Pivnick

    The U.S. Supreme Court soon will decide whether to tackle a longstanding question regarding the applicability of Federal Rule of Civil Procedure 9(b) pleading standards in False Claims Act suits.…