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Motion to Dismiss › Pleading Standards › Pleadings

Troutman Amin LLP

PLAUSIBLE: Court Holds Allegations of “Identical” Voicemails Sufficient Allegation of Prerecorded Call Usage

Troutman Amin LLP on

The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more

Dorsey & Whitney LLP

“Shotgun Pleadings” Ineffective for FCA Claims

Dorsey & Whitney LLP on

On April 21, 2022, the Northern District of Georgia granted a motion to dismiss a False Claims Act (“FCA”) suit brought against ERMI LLC (“ERMI”), a medical device manufacturer, describing the complaint as a “shotgun...more

Faegre Drinker Biddle & Reath LLP

Parroting the Elements of the Statute—Without Pleading Any Substantive Facts—Isn’t Good Enough Under Rule 8 for the District of...

Faegre Drinker Biddle & Reath LLP on

The United States District Court for the District of Connecticut recently granted a Defendant’s motion to dismiss Plaintiffs’ TCPA claims because Plaintiffs failed to adequately allege facts supporting an inference that...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Addresses Pleading ‘With Particularity’ Under Rule 23.1

Sheppard Mullin Richter & Hampton LLP on

Rule 23.1 of the Delaware Court of Chancery Rules requires a plaintiff asserting a shareholder derivative action to plead “with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff...more

Faegre Drinker Biddle & Reath LLP

Colorado Supreme Court Adopts Iqbal/Twombly Standard for Pleading Claims

Faegre Drinker Biddle & Reath LLP on

On June 27, 2016, the Colorado Supreme Court announced a major change to the standard for pleading claims in state court. Warne v. Hall, 2016 CO 50, held that the U.S. Supreme Court’s Iqbal/Twombly plausibility standard...more

Adler Pollock & Sheehan P.C.

Patience Please: Rhode Island Supreme Court Reminds Litigants It Has Not Yet Adopted Iqbal And Twombly

Adler Pollock & Sheehan P.C. on

In 2007, the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), significantly modified the standard of review applied to motions to dismiss in federal courts. A few years later, in 2009,...more

Carlton Fields

Don’t Just Tell Me, Show Me (Now): Preserving A Request To Amend Pleadings As Alternative Relief In Response to a Motion To...

Carlton Fields on

It is not uncommon for a party to seek leave to amend as an alternative form of relief in response to a motion to dismiss or for summary judgment. But it may not be enough to just say that if the court is inclined to grant...more

Proskauer - Corporate Defense and Disputes

Pleading Standard Saves SEC’s Insider-Trading Case

Proskauer - Corporate Defense and Disputes on

A federal judge in the Southern District of New York recently sustained the SEC’s insider-trading complaint against two alleged tippees, holding that, under the pleading standard applicable to a motion to dismiss, the SEC...more

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