JD Supra

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy over State Affidavit Requirements

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an “affidavit of merit” or ...
JD Supra

From the Four Corners of the Pleading: Plaintiffs Cannot Rely On Factual Allegations Outside the Pleadings To Defeat a Motion to Dismiss

The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting ...
Law

Motions to Confirm the Pleadings to the Proof in Medical Malpractice Cases

This article reviews New York CPLR rules on pleadings, emphasizing they should be flexible but specific enough to give notice. CPLR 3025(c) allows amendments to match evidence at any time, but late or ...
The National Law Review

SHOTGUN PLEADINGS 101: Plaintiff Misses A Second Shot At Pleading A Viable Claim

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...