Topic
Pleading Standard
319 published works
The FCA Insider
Supreme Court Signals Interest in Clarifying Pleading Requirements in False Claims Act Suits
By Michael J. Podberesky, John S. Moran, David Pivnick
The Supreme Court (Court) will soon decide whether to take up a critical (and long-running) issue concerning applicability of Federal Rule of Civil Procedure 9(b) pleading standards in False Claim…
It's Just Business
Can a Lengthy Complaint Provide Too Much Notice of its Claims?
In Oliver v. Brown & Morrison, Ltd., 2022 NCBC 16, the Business Court weighed a challenge to an allegedly “sprawling, 247-paragraph Complaint, largely padded by needless detail” that defendants claimed…
Ohio Appellate Insights
Rethinking pleading standards: Is the Supreme Court finally ready to address Twombly and Iqbal?
By Terry Posey
It’s a generally understood concept that case law interpreting the Federal Rules of Civil Procedure applies equally to the Ohio Rules of Civil Procedure—except in one main area: motions to…
Drug & Device Law
E.D. Pa. Judge Dismisses All Claims in Sloppy IVC Filter Complaint
We find ourselves, once again, hungry for good news. We just canceled a trip to see dear friends outside of Glacier National Park because Montana hospitals are so overfilled with…
Global IP & Technology Law Blog
A Reminder to Patentees Suing for Infringement: Your Allegations Must be Sufficient to Show Plausibility that the Accused Product Infringes
A recent Federal Circuit decision has re-affirmed prior guidance on the pleading requirements for a plaintiff alleging patent infringement. The decision was issued in Bot M8 LLC v. Sony Corp.…
Property Insurance Coverage Law Blog
First Party Property Insurance Affirmative Defenses in Federal Courts: What Standard Applies?
By Kyle Bugden
Civil procedure is the bane of most 1L law students’ existence. Personally, I was far more interested in reading about the trains in Torts than I was learning the rules…
PrawfsBlawg
Twiqbal and accrual
Main Monday, May 10, 2021Twiqbal and accrualThe Eighth Circuit held last week that a claim for retaliation accrues at the time of the retaliatory actions and comments suggesting retaliatory motive.…
Sixth Circuit Appellate Blog
Invited Error, Erie, and Pleading Standards – What to Make of Smith v. General Motors?
By Luke Burton
The Sixth Circuit handed down a recent decision, Smith v. General Motors, that, on its face, could be construed as having a wide-reaching impact on the pleading standard for certain…
Privacy World
FCRA Litigation Survives Motion to Dismiss, Serving as Reminder of What Needed for Well-Pled Claim
By Hannah Makinde, Kristin Bryan
The Fair Credit Reporting Act (“FCRA”) is a frequently litigated data privacy statute. In a recent litigation involving claims under the FCRA, the Court denied the defendant’s motion to dismiss. …
Drug & Device Law
Pleading Preemption As A Defense In A Privacy Class Action
Critics have been known to accuse us of being too hard on product liability plaintiffs and too forgiving of defendants who develop medical products. We all have our biases, especially…