HOW THE CHANGE IN LAW MATTERS Consider Iqbal‘s facts, analyzed under both Conley and Twiqbal. Conley Twiqbal Fair notice in Iqbal? Satisfied. From the allegations, Ashcroft and Meuller are aware that they are being sued for discrimination based on race, religion, or national original arising from Iqbal’s detention. Indeed, they are vigorously defending. Still satisfied. Same […]
THIS IS THE LAW. DOES IT MAKE SENSE? Posted Nov. 14, 2015
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, […]
