Essential Litigation Skills: Meeting Federal Standards for Pleading Plausible Claims for Relief
Complying With Twombly and Iqbal; Avoiding and Responding to Inadequate and Shotgun Pleadings
Recording of a 60-minute CLE video webinar
This CLE webinar will discuss what Federal Rule 8(a)(2) means by "a short and plain statement of the claim showing that the pleader is entitled to relief" and what happens if a pleader does not meet that standard. The panelists will also discuss applying these standards to affirmative defenses and counterclaims and how to avoid (or obtain) a dismissal with prejudice for failing to plead a plausible claim, as well as the interplay of both local rules and local custom.
Outline
- Applicable Federal Rules of Civil Procedure
- Twombly and Iqbal standards
- Problems with limited information
- Responding to inadequate or shotgun pleadings
- Recent cases
Benefits
The panel will review these and other essential topics:
- May courts sua sponte require a more definite statement of claims and defenses?
- Can inadequate pleading waive affirmative defenses?
- What strategies can be used when only general information is available and more discovery is needed to state claims or defenses?
Faculty
Caroline N. Mitchell
Partner
Jones Day
Ms. Mitchell litigates complex commercial disputes with a focus on defending corporations in actions involving complex... | Read More
Ms. Mitchell litigates complex commercial disputes with a focus on defending corporations in actions involving complex discovery issues arising from domestic and foreign events, including antitrust, health care, environmental, human rights, Racketeer Influenced and Corrupt Organizations Act (RICO), Alien Tort Statute, and fraud claims. She represents clients in antitrust and unfair competition claims, including representing clients from the oil, telecommunications, pharmaceutical, video game, health care, and floral industries in price-fixing, monopolization, and unfair competition lawsuits. Ms. Mitchell also passed the test for certification as a privacy professional administered by IAPP (International Association of Privacy Professionals). Ms. Mitchell has represented clients in pro bono matters, including domestic violence restraining orders, prisoner rights', and immigration cases. She was the founding board president of the Family Violence Appellate Project, which advocates for survivors of domestic violence in appellate courts.
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Dennis F. (D.J.) Murphy, Jr.
Associate
Jones Day
Mr. Murphy's practice focuses on complex commercial and class action litigation. He represents clients in state and... | Read More
Mr. Murphy's practice focuses on complex commercial and class action litigation. He represents clients in state and federal courts and has defended a variety of clients in securities class actions, shareholder litigation, merger litigation, qui tam lawsuits including under the False Claims Act (FCA), and unfair competition and consumer fraud matters. His experience also includes representing companies in high-stakes internal investigations and government enforcement proceedings before the Securities and Exchange Commission (SEC) and Department of Justice (DOJ). Mr. Murphy's experience extends to all aspects of litigation, including pleading attacks, discovery and related motion practice, class certification and summary judgment motions, and trial. He has represented clients in many industries, including banking, technology, fintech, crypto, retail, and consumer products, among others.
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