In October 2024, SCOTUS granted review of Cunningham v. Cornell University to provide guidance on certain pleading standards in ERISA litigation claims, with oral arguments scheduled for January 2025.
Are “consequential damages” available on contract claim against an insurer in an action brought by an insured for breach of a commercial liability policy? In D.K. Prop., Inc. v. National Union Fire ...
Forbes contributors publish independent expert analyses and insights. I am a consultant on white-collar crime and former convicted felon. Defendants in federal cases face life changing choices once ...
Patent Infringement Pleading Standards Since the Abrogation of Rule 84 and Form 18: A Year in Review
For nearly a decade, complaints in almost all civil suits have been examined under the “plausibility standard” introduced by the Supreme Court in Bell Atlantic Corp. v. Twombly and reiterated two ...
The Northern District judge's standing order discourages the use of formal pleading paper. Two IP lawyers recently took him up on it. U.S. District Judge Vince Chhabria of the Northern District of ...
Our April 18, 2019, column addressed the Commercial Division's assessments of the various elements of unjust enrichment claims. "Pleading and Proving Unjust Enrichment Claims," N.Y.L.J. Apr. 18, 2019.
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