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20 Aug 2009, 2:30 am
P. 9(b). [read post]
19 Aug 2009, 4:04 am
It sounds like the name of a B-level actor from the 50s.Plus it comes from 1973 -- a great year for films and music -- but otherwise a pretty crappy time for our country.Sorry Miguel -- I'm sticking with what works.RS v. [read post]
14 Aug 2009, 1:05 am
Although even the academic critics of Twombly/Iqbal have agreed with us that vague "you violated the FDCA" pleadings should not survive a motion to dismiss, apparently there are still lawyers on the other side who think they should be able to get away with violation claims that do not identify what statute/rule/regulation was supposedly violated.Thus, in Chappey v. [read post]
14 Aug 2009, 1:04 am
Since we’re dealing only with Twombly/Iqbal dismissals here, we’re not getting into fraud or consumer fraud, since those claims are not governed by Rule 8 – what Twombly/Iqbal construes – by rather under the tougher Rule 9(b) standard requiring fraud to be pleaded with “particularity. [read post]
14 Aug 2009, 1:04 am
Since we’re dealing only with Twombly/Iqbal dismissals here, we’re not getting into fraud or consumer fraud, since those claims are not governed by Rule 8 – what Twombly/Iqbal construes – by rather under the tougher Rule 9(b) standard requiring fraud to be pleaded with “particularity. [read post]
14 Aug 2009, 1:04 am
Since we’re dealing only with Twombly/Iqbal dismissals here, we’re not getting into fraud or consumer fraud, since those claims are not governed by Rule 8 – what Twombly/Iqbal construes – by rather under the tougher Rule 9(b) standard requiring fraud to be pleaded with “particularity. [read post]
10 Aug 2009, 7:09 am
Lusby v. [read post]
7 Aug 2009, 12:12 pm
Gibson, 355 U.S. 41 (1957) to 12(b)(6) and (e) motions. [read post]
6 Aug 2009, 6:50 am
Since we're dealing only with Twombly/Iqbal dismissals here, we're not getting into fraud or consumer fraud, since those claims are not governed by Rule 8 - what Twombly/Iqbal construes - by rather under the tougher Rule 9(b) standard requiring fraud to be pleaded with "particularity. [read post]
5 Aug 2009, 11:59 am
These -- Stoneridge and Central Bank, N.A. v. [read post]
31 Jul 2009, 4:05 am
Iqbal, 129 S. [read post]
30 Jul 2009, 4:16 am
In the post-Twombly/Iqbal world, a plaintiff can't just allege that "the defendant violated FDA regulations" and leave it at that. [read post]
29 Jul 2009, 4:17 am
LEXIS 61393; July 17, 2009, Decided we see an excellent discussion of the standard for a 12(b)(6) motion in this post-Iqbal world, as well as a discussion of legal malpractice insurance coverage for defendants. [read post]
23 Jul 2009, 2:23 pm
Iqbal, 129 S.Ct. 1937 (2009). [read post]
22 Jul 2009, 2:22 pm
Iqbal (2009). [read post]
21 Jul 2009, 10:12 pm
Corp. v. [read post]
21 Jul 2009, 5:27 pm
The Times quotes Stephen B. [read post]
15 Jul 2009, 8:57 pm
Iqbal, 129 S. [read post]
9 Jul 2009, 4:54 am
Iqbal, 129 S. [read post]
8 Jul 2009, 6:00 am
About six weeks ago, the US Supremes issued their pleading decision in Ashcroft v. [read post]
