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Litigation Strategies › Pleading Standards › Federal Rules of Civil Procedure

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

Faegre Drinker Biddle & Reath LLP on

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Cozen O'Connor

Defending Institutional Bad Faith Claims, Part II – Focusing on Plausibility

Cozen O'Connor on

In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the...more

Ballard Spahr LLP

Meaningful attorney involvement: the CFPB’s new proposed “safe harbor” standard

Ballard Spahr LLP on

As part of our continuing discussion of the CFPB’s proposed debt collection rules, we focus in this blog post on a provision that occupies very little real estate in the proposal, but could have tremendous significance: a new...more

Carlton Fields

When Asking For Relief Is Not Enough: Eleventh Circuit Affirms A First Dismissal With Prejudice

Carlton Fields on

A fundamental principle of preservation is that the lower court must have had an opportunity to address an issue before an appellate court will reverse an order based on that issue. ...more

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