Michael Mitchell

Smith Anderson

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In a Win for Business, North Carolina Supreme Court Raises the Bar for Negligent Misrepresentation Claims

Plaintiffs frequently tack on negligent misrepresentation claims to ordinary business disputes. A negligent misrepresentation claim alleges that one party carelessly supplied incorrect or incomplete information on which the...more

10/3/2023 / Business Disputes , Contract Negotiations , Fraud , NC Supreme Court , Negligent Misrepresentation , Pleading Standards , Rules of Civil Procedure

U.S. Supreme Court Clarifies the Limits of Twombly/lqbal

Rejecting the "punctiliously stated 'theory of pleading'" applied by the district court and the Fifth Circuit, the U.S. Supreme Court in Johnson v. City of Shelby, Mississippi, ___ S.Ct. ___, 2014 WL 5798626 (2014), held that...more

11/19/2014 / Due Process , Federal Rules of Civil Procedure , Fourteenth Amendment , Pleading Standards , SCOTUS , Twombly/Iqbal Pleading Standard

Federal Court Report - Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s...

In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police...more

5/28/2014 / Affidavits , Depositions , Pleading Standards , Pleadings , Rules of Civil Procedure

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