Topic
Pleading Standard
319 published works
Drug & Device Law
TwIqbal Is Still Rolling
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…
Drug & Device Law
Court Tosses Cookie Cutter Allegations
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…
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…
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,…
The D&O Diary
Supreme Court Punts on Tender Offer Pleading Standard Case
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…
Inside the False Claims Act
Recent Developments in FCA Pleading Standards – Part Two
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…
Inside the False Claims Act
Recent Developments in FCA Pleading Standards – Part One
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…
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…
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…
The IP Law Blog
District Court Grants Motion For More Definitive Statement Because Patent Infringement Claim Involved Complicated Technology
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…