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Pleading Standard

319 published works

  1. Drug & Device Law

    TwIqbal Is Still Rolling

    By John Sullivan

    More than ten years since the Supreme Court wrote Twombly and Iqbal, the power of those two decisions remains strong enough to roll over almost any claims that dare to…

  2. Drug & Device Law

    Court Tosses Cookie Cutter Allegations

    By Michelle Yeary

    One size does not in fact fit all.  Cookie cutters are great for ensuring uniformity.  The type of uniformity you want on a beautiful dessert tray.  Uniform size, shape, and…

  3. Hague Law Blog

    Notice pleading, y’all.

    By Aaron Lukken

    [caption id="attachment_4485" align="alignright" width="320"] Charles Evans Whittaker Federal Courthouse, KCMO. Voidxor, via Wikimedia Commons.[/caption] I took Civ Pro from a giant. When I say giant, I mean in the figurative…

  4. Drug & Device Law

    If We’re Not All Wet, We’re Still Rather Damp

    By Bexis

    Late last year we published the post “Twiqbal for Defendants? Not If We Can Help It.” on the issue of whether the “plausibility” standard of Bell Atlantic Corp. v. Twombly,…

  5. The D&O Diary

    Supreme Court Punts on Tender Offer Pleading Standard Case

    By Kevin LaCroix

    In a terse, unsigned one-sentence April 23, 2019 per curiam opinion, the U.S. States Supreme Court has just one week after oral argument dismissed the grant of certiorari in the…

  6. Inside the False Claims Act

    Recent Developments in FCA Pleading Standards – Part Two

    By Taylor Sample

    This is the second post of a two-part discussion of FCA pleading standards and discusses the pleading requirements for connecting a fraudulent scheme to the submission of false claims.  Read…

  7. Inside the False Claims Act

    Recent Developments in FCA Pleading Standards – Part One

    By Taylor Sample

    This is the first post of a two-part discussion of FCA pleading standards and discusses the requirements for pleading the details of a fraudulent scheme. Read our post on the…

  8. California Construction Law Blog

    Coyness is Nice. Just Not When Seeking a Default Judgment

    By Garret Murai

    By Garret Murai, February 4, 2019 Public Domain. Library of Congress As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life…

  9. Hague Law Blog

    Short and Plain… Magic, Money-Saving Words

    By Aaron Lukken

    [caption id="attachment_4221" align="alignright" width="194"] The Mall, London. Union Jacks galore. "Ed g2s" via Wikimedia Commons.[/caption] It's been a while since Civ Pro class, so here's a quick FRCP refresher.  A…

  10. The IP Law Blog

    District Court Grants Motion For More Definitive Statement Because Patent Infringement Claim Involved Complicated Technology

    By Eric Caligiuri

    In Lexington Luminance LLC v. Service Lighting and Electrical Supplies, Inc. d/b/a 1000bulbs.com, 3-18-cv-01074, the District Court for the Northern District of Texas denied defendant's motion to dismiss for failure…