Topic
Pleading Standard
319 published works
Drug & Device Law
Long Overdue Retirement for Anything Goes Pleading (Twombly)
By Bexis
It happened an antitrust case, but when the Supreme Court speaks even we tort lawyers listen – although it might take us a little while longer to get around to…
Intellectual Property Law Blog
Supreme Court Heightens Federal Pleading Standard
In a case likely to impact intellectual property litigation, the Supreme Court recently issued a ruling that alters the pleading standard necessary to support civil complaints filed in federal court,…
Civil Procedure & Federal Courts Blog
Prof. Scott Dodson on Bell Atlantic
By Civil Procedure & Federal Courts Blog
We are delighted to announce that Prof. Scott Dodson of the University of Arkansas will be joining us later this summer as a guest blogger. For now, Scott shares his…
The Contingency
So Long, Farewell, Auf Wiedersehen, Goodbye to Conley v. Gibson Pleading Standard (Update)
In the course of rejecting an antitrust complaint in Bell Atlantic Corp. v. Twombly, No. 05-1126 (U.S. May 21, 2007), the Supreme Court today repudiated the "no set of facts"…
The Contingency
U.S. Supreme Court Reverses in Bell Atlantic v. Twombly
The U.S. Supreme Court today upheld the district court's dismissal of a complaint that alleged, under section 1 of the Sherman Act, "parallel conduct unfavorable to competition" but failed to…
Chicago IP Litigation
Sherman Act Antitrust Claims Are Not Held to Rule 9(b) Heightened Pleading Standards
After Hours Formalwear, Inc. v. Tuxedos, Inc., No. 06 C 2460, 2007 WL 404005 (N.D. Ill. Jan. 29, 2007) (Guzman, J.). Judge Guzman denied plaintiff's Fed. R. Civ. P. 12(b)(6)…
The D&O Diary
SEC Urges “Exceedingly High” Pleading Standard?
As discussed in February 13, 2007 New York Times article entitled "SEC Seeks to Curtail Investor Suits" (here), the SEC and the DOJ have jointly filed an amicus brief in…
Securities Law Prof Blog
An Anti-Investor SEC?
Has Chair Cox's SEC become anti-investor? The New York Times examines two recent events that support this view. First, the SEC's chief accountant said that the agency is considering ways…
Chicago IP Litigation
Rule 9(b) Heightened Pleading – “Information and Belief” is Not Enough
MPC Containment Sys., Ltd. v. Moreland, No. 05 C 6973, 2006 WL 2331148 (N.D. Ill. Aug. 10, 2006) (Aspen, J.). Judge Aspen granted defendants’ Rule 12(b)(6) motion to dismiss plaintiff’s…