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2 responses to “Notice vs. Notice Pleading

  1. DIAR

    June 27, 2009 at 4:50 PM

    Hi Alfred

    Thanks for the informative articles , I have no law background and in fact have just begun to study the topic, I have read some of your articles and found them to be very educational, I was reading a book the other night, Handbook of common law pleading and saw the references to notice pleading which I posted here, I almost felt compelled to post the references in fact, it is funny as you say how God somedays seems to move us with purpose. Anyway thanks for the commentary on the reference atricle.

    God Bless

    Diarmuid

     
  2. Sapiens

    September 28, 2009 at 7:53 PM

    I think you may find this interesting:

    Originally published July 24, 2009

    http://www.thefreelibrary.com/Congress+To+Weaken+Pleading+Requirements%3F-a0205577195

    On July 22, 2009, U.S. Senator Arlen Specter introduced the Notice Pleading Restoration Act of 2009, S. 1504. The bill appears designed to overrule the U.S. Supreme Court’s recent decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, which require a plaintiff to plead enough factual detail in a complaint to “state a claim to relief that is plausible on its face.” If Senator Specter’s bill becomes law, “a Federal court shall not dismiss a complaint . . . except under the standards set forth by the Supreme Court of the United States in Conley v. Gibson.” Conley was much maligned, and it required a complaint to be upheld “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” In Twombly, the Supreme Court rejected Conley as unworkable, reasoning that the loose standard often subjected defendants to costly and burdensome discovery on the basis of little more than conclusory allegations. The Supreme Court reiterated Twombly’s holding in Iqbal, and it also clarified that the standard set forth in Twombly applies in all civil cases. Sutherland will continue to monitor the progress of the Notice Pleading Restoration Act of 2009.

     

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