Topic
Pleading Standard
319 published works
New York Attorney Malpractice Blog
What Must Be Alleged In A Successful Professional Malpractice Case?
The basic question in legal pleading is what must be alleged in a successful case. In the professional malpractice field, one frequently encounters motions to dismiss on the pleadings (CPLR…
Civil Procedure & Federal Courts Blog
SCOTUS grants cert to review 9/11 lawsuits; questions presented involve Bivens, qualified immunity & pleading standards
Today the Supreme Court granted certiorari in three cases, which it then consolidated. The cases are Ziglar v. Abbasi (No. 15-1358), Ashcroft v. Abbasi (No. 15-1359), and Hasty v. Abbasi (No. 15-1363). The petitioners…
FCA Update
Corporate Outsiders – on the Wrong Side of the Circuit Split on Rule 9(b)
A district court in the Middle District of Florida issued a new decision that will continue to make it challenging for corporate outsiders to successfully pursue a declined qui tam…
FCA Update
Ninth Circuit Court Overturns District Court on Sufficiency of Pleading under Rule 9(b), Remands for Amendment
The US Court of Appeals for the Ninth Circuit issued an opinion overturning a district court’s grant of summary judgment against a False Claims Act (FCA) relator in United States…
Reverse & Render
The Texas Supreme Court Adopts a “Factual Plausibility” Pleading Standard
Did the Texas Supreme Court substitute fair notice pleading for well-pleaded complaints? Texas Rule of Civil Procedure 91a was adopted in 2013, and provides a “no reasonable person could believe”…
New York Attorney Malpractice Blog
Failures in Pleading, Failures in Proofs
What happens when you have good claims, but fail to enunciate them in the original pleading? One might guess that you simply file another pleading and include them? Not that…
Property Insurance Coverage Law Blog
Interpretation of Iqbal and Twombly – Often A Big Waste of Time and Resources
I don’t think there is a better example of bad facts making bad law than the Ashcroft v. Iqbal case. A terrorist sues the then sitting Attorney General, alleges a…
Drug & Device Law
Cajun TwIqbal Kiss-off
The Twombly and Iqbal requirement that complaints set forth facts making out a plausible case for liability got a nice workout in the recent case of Guidry v. Janssen Pharmaceuticals,…
Inside the False Claims Act
FCA Deeper Dive: Rule 9(b) and the Pleading of Actual Claims
The FCA continues to be the federal government's primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we…
Inside Jobs
Supreme Court Reiterates High Pleading Bar for Stock Drop Cases
As noted in our earlier blog post, the U.S. Supreme Court’s 2014 decision Fifth Third Bancorp v. Dudenhoeffer made clear that participants bringing stock-drop cases are subject to heightened pleading…