Since the U.S. Supreme Court’s rulings in Twombly and Iqbal —which updated the Conley “any set of facts” standard for motions
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Twombly
Duke Hosts Conference on Civil Rules
By Sean Wajert on
Posted in Articles
At the request of the Standing Committee on Rules of Practice and Procedure, the Advisory Committee on Civil Rules sponsored a conference last week at…
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Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?
By Sean Wajert on
Posted in Articles
A suit over an allegedly defective truck is the stage for the latest entry in the debate whether the claim pleading standards clarified in Bell Atlant…
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Anti-Iqbal Legislation Update
By Sean Wajert on
Posted in Articles
A few months ago, we alerted readers to the bill that Sen. Arlen Specter (D-Pa.) had introduced that would undermine the clarified civil pleading stan…
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Federal Court Dimisses Consumer Fraud Allegations in Washer Litigation
By Sean Wajert on
A federal court has dismissed (with prejudice) a variety of consumer fraud and unjust enrichment claims in litigation alleging issues with front-loadi…
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Motion To Dismiss Filed in Combination Aspirin MDL
By Sean Wajert on
Bayer Healthcare LLC moved last week to dismiss the master complaint in the federal MDL involving combination aspirin products. In Re: Bayer Corp. Com…
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Court Dismisses Counts Of Trileptal Complaint Pursuant to Twombly
By Sean Wajert on
Posted in Articles, Drug and Device
Add to your list of recent cases applying the recent U.S. Supreme Court decisions that clarified pleading standards, the decision in Frey v. Novartis …
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Federal Court Dismisses Trasylol Class Action Complaint
By Sean Wajert on
Posted in Articles
A federal judge in Florida has dismissed the class action claims of plaintiffs asserting economic loss from Bayer’s drug Trasylol, ruling that they ha…
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Medical Monitoring: Is Everyone A Proper Defendant?
By Sean Wajert on
The United States District Court for the Eastern District of Pennsylvania issued an interesting medical monitoring ruling last week, which dealt with …
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