This article is more than 10 years old. [Its] limitations are immediately apparent when the template is used—as is frequently the case—to accuse an entire website or channel of commerce of infringing, ...

In Texas, the lax “fair-notice” pleading requirement has resulted in the widespread practice of plaintiffs’ attorneys simply cutting and pasting from a previous pleading when filing suit. However, the ...

For nearly a decade, complaints in almost all civil suits have been examined under the “plausibility standard” introduced by the Supreme Court in Bell Atlantic Corp. v. Twombly and reiterated two ...

My latest article, The Rise and Fall of Plausibility Pleading?, has just been published in the Vanderbilt Law Review. It builds on some of my earlier work on pleading (here and here), focusing on the ...

The Central District of California ruled that the heightened pleading standard of Federal Rule of Civil Procedure Rule 9(b) applies to all three prongs of a false patent marking claim, including the ...

About a year ago a colleague brought our attention to the increase in irrelevant, inflammatory, scandalous, and improper language in plaintiff pleadings in catastrophic injury, fire, and death cases.

Pleadings control everything in your case—who the parties are, what the issues are, what discovery is permissible, what remedies are available, and what defenses are raised. Drafting strategically is ...

Founded in 1912, the California Law Review was the first student law journal published west of Illinois. The Review is published six times a year, in January, March, May, July, October, and December.

In Pennsylvania, civil litigants may file preliminary objections after they are served with a complaint or other pleading. Preliminary objections are Pennsylvania’s version of a pre-answer motion to ...