HOW HAS THE LAW CHANGED? Conley Twiqbal Fair notice Required (p. 443) Still required The needed “showing” Possibility pleading (p. 427): “[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle […]
Let me know if you have any additional resources to add of if a link has become broken. Relevant SCOTUS cases on pleading standards and venue: Bell Atlantic v. Twombly (pleading standards) Ashcroft v. Iqbal (pleading standards) TC Heartland LLC v. Kraft Foods Group Brands (2017) (patent venue) Examples of copyright complaints: Griner v. Jake’s Fireworks, […]
DEF’T BASIS FOR TRANSFER RELEVANT COL PRINCIPLES DISTRICT COURT THIRD CIRCUIT Piper (PA) 1404(a) SMJ ok Venue ok PJ not contested Both District Court and Court of Appeals agree: use California state COL principles for Piper. Rule employed: use COL principles of transferor (original) court when that court had PJ and venue. California COL requires use […]
This handout replaces the first three paragraphs of Iqbal Part IV.A, found on pp. 452-53 of the casebook. The main added text is in italics. IV A We turn to respondent’s complaint. Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a “short and plain statement of the claim showing that the pleader is entitled to […]
