Topic
Pleadings
192 published works
Chicago IP Litigation
Comparing Patent Drawings and Accused Product Photos Suffices to State a Design Patent Infringement Claim at the Pleading Stage
Juncheng Kao v. Hengda Kite, No. 25 C 8491, (N.D. Ill. May 26, 2026) (Alonso, J.). Judge Alonso denied defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss in this…
Zalma on Insurance
Short And Plain Statement Containing Enough Factual Matter To State A Facially Plausible Claim
By Barry Zalma
Pro Se Plaintiff Failed to Make a Short and Plain Statement Post 4856 If Grounds For Dismissal Are Apparent From The Face Of The Complaint, A Court May Also Dismiss…
Drug & Device Law
Country Roads and Curious Pleading Standards
This blogger spent the weekend in Morgantown, and West Virginia did everything right except the football score. The leaves were doing their early turn, that first crisp snap was in…
The Virginia Business Litigation Blog
Think You’re Entitled to Attorney Fees? Explain Yourself.
A party with an ironclad statutory or contractual right to attorney fees can still lose that right by failing to plead it correctly. That is the lesson of Pinnacle Flooring…
Drug & Device Law
Rule 12(b)(6) Dismissal Where Judicially Noticed Facts Contradict the Complaint
By Bexis
Late last year, when we were putting together our massive post that collected and categorized every case that had ever judicially noticed an FDA document, we ran across the intriguing…
Law Web
Pleadings-First Doctrine: Supreme Court Clarifies Mandatory Scrutiny of Pleadings before Allowing Additional Evidence under Order XLI Rule 27 CPC
By Law Web
In the application preferred Under Order XLI Rule 27(1) of the Code, the Defendant stated that he got the information that there was no such sale by the Plaintiffs in…
Commercial Case Notes
Motion to Amend Denied for Failure to Show Proposed Changes
By John Lundin
On October 10, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sauka v. Kaplan, 2025 NY Slip Op. 33899(U), denying a motion to amend because,…
Bill Madden's Blog
Abuse: Pleadings & proper defendant issues in Tasmania.
By Bill Madden
TBH v Marist Regional College & Anor [2025] TASSC 47 (Link to JADE) With thanks to Hudson Digby for drawing attention to this matter, which addresses proper pleading of an abuse…
HeplerBroom Blog
Illinois Supreme Court Replaces the Rule 9 “Good Cause Shown” Standard with a Five-Day Period For Backdating Rejected Pleadings
Summarizes the Illinois Supreme Court’s rationale for revising its Rule 9 Standard for Backdating Rejected Pleadings. Includes list of what revised motion must contain.
Commercial Case Notes
Party That Fails to Reject a Late Pleading Waives Right to Seek a Default Judgment
By John Lundin
On June 25, 2025, the Second Department issued a decision in Globalized Realty Group, LLC v. Crossroad Realty NY, LLC, 2025 NY Slip Op. 03797, holding that a party that…