Practice of Law

JUNE 11, 2025

Justice Thomas pointed out that Mexico did not plausibly plead its case under the predicate exception of the PLCAA. Thomas warned against forcing defendants to litigate criminal guilt in civil proceedings without full protections, which could lead to constitutional issues. FindLaw's Federal Courts) Mexico’s Lawsuit Against U.S.

Manufacturing

Civil Litigation Brief

JUNE 24, 2025

Today we are looking at a case where a successful claimant's cost were halved because of its "vague and expansive" pleadings, coupled with a failure to "specify with clarity and precision" what its case was. Half a sixpence.

Pleadings

Civil Litigation Brief

JULY 29, 2025

There are many points of interest to litigators. Here we look at a case where the court refused thee applicants' application for permission to amend its particulars of claim. The application was made too late and, in any event, did.

Pleadings

Civil Litigation Brief

JUNE 19, 2025

It involves the falling out of two entities that were involved in "mass litigation" for thousands of claimants. It shows something of the nature of this type of litigation. The case we are looking at today has many levels. Arguably.

Pleadings

Civil Litigation Brief

JULY 14, 2025

We have looked recently at the principles relating to amendment when the application to amend is made late. Here we look at a case where refusal to amend was refused because, among other things, the proposed amended case was not.

Pleadings

Civil Litigation Brief

JUNE 5, 2025

Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that. This series is giving rise to more cases than I initially thought.

Pleadings

Civil Litigation Brief

JULY 7, 2025

The post earlier today on the striking out of pleadings contained observations about the need for a party, seeking relief from sanctions on the grounds that it should be able to amend its pleadings, having those amended pleadings to hand.

Pleadings

Civil Litigation Brief

JULY 1, 2025

The “Current Importance of Pleadings” series has developed far quicker than I had anticipated. There have been manifold cases where problems have occurred because of issues to do with statements of case. This webinar takes a close look at the.

Pleadings

Civil Litigation Brief

JUNE 24, 2025

The reaction of many professional litigators to reading many of the cases on this site is (if truth be told) "who paid the costs" and "how much did all that cost? For that reason it is always of interest to.

Pleadings

Civil Litigation Brief

JULY 6, 2025

Here we are looking at a case where numerous actions brought by the claimant were struck out because the Particulars of Claim were wholly deficient. They remained wholly deficient even after the court had made a peremptory order compelling the.

Pleadings

Civil Litigation Brief

JULY 10, 2025

We are looking at another case where it was held that the claimant's Particulars of Claim were pleaded in an unsatisfactory manner. Even at the third attempt of amendment the case did not make sense and the action struck out.

Pleadings

The 10b-5 Daily

JUNE 18, 2024

The district court dismissed the claims based on the plaintiffs’ failure to adequately plead falsity. “Sounds in fraud” – Section 11 and 12(a)(2) claims do not have fraud as an element, so generally they are not subject to the heightened pleading standard of Federal Rule of Civil Procedure 9(b). .

Pleadings

The 10b-5 Daily

APRIL 15, 2025

An ongoing issue in securities litigation is to what extent a short seller’s report can act as a corrective disclosure for purposes of establishing loss causation. Court of Appeals for the Fourth Circuit had the opportunity to address that issue for the first time last week. In Defeo v. 2025 WL 1035292 (4th Cir.

Rebuttal

Civil Litigation Brief

MAY 16, 2025

Allegations of fraud have to be pleaded with care. Those pleading such assertions must have “reasonably credible material” to support them. Here we look at a case where allegations of deceit were made. The judge found that the allegations had.

Pleadings

Civil Litigation Brief

APRIL 3, 2025

This was a case alleging that the defendant barrister had pleaded a case badly. We are looking again at the judgment of Mr Justice Saini inIsrael Russell v Barry Coulter[2025] EWHC 493 (KB). The claim was rejected. However it is.

Pleadings

Attorney at Work

JANUARY 20, 2022

As business clients deploy new technology to manage litigation, contracts and communications, they will prefer working with equally tech-focused outside counsel. Document automation software provides a centralized process of producing agreements, motions, pleading, contracts and other legal documents.

Technology

E-Discovery LLC

APRIL 19, 2025

Further, it seems clear that the most valuable reference to use in implementing the new change in the scope of discovery is the pleadings that have been filed, as that is where the claims and defenses are stated. However, the pleadings are only the starting place. Emphasis added]. citation omitted].

Discovery

E-Discovery LLC

MARCH 3, 2025

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. In the Courts words, the sanction alleviated prejudice to the employer and signals to Campbell and other litigants that one must deal honestly before the courts. 25, 2025)(Bredar, J.),

Evidence

Civil Litigation Brief

MAY 9, 2025

Parties alleging dishonesty and fraud have to be very careful in the way they plead their case. These matters cannot be pleaded lightly, and there are professional obligations on the pleader to ensure that there is reasonably credible material that.

Pleadings

Civil Litigation Brief

JULY 11, 2025

In this judgment today the Court of Appeal consider, in detail, whether it is appropriate for a judge to go outside the pleaded case. The judgment provides guidance for the practice to be adopted if the judge feels that they.

Pleadings

CaseFox

OCTOBER 13, 2023

This crucial element is pleadings. Legal pleadings are crucial documents for the proceedings in the court. We will delve into the world of pleadings in this blog. And explore what is a legal pleading, types of pleadings, rules for filing, and much more. What are pleadings? You can just counterclaim them.

Pleadings

Civil Litigation Brief

JUNE 18, 2024

I can’t think of any other case where this blog has featured a case that was decided prior to the introduction of the Civil Procedure Rules. However the judgment in Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986.

Pleadings

Civil Litigation Brief

JUNE 2, 2025

Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was.

Pleadings

Civil Litigation Brief

MAY 29, 2025

I am not sure whether there are more cases about pleadings recently, or whether I am noticing them more having started this series. However issues relating to statements of case keep arising. Here we look at a case where the.

Pleadings

Civil Litigation Brief

MARCH 30, 2025

We are looking at another case in which the pleadings played a significant part. In Daniel Maurice Wagner v Bright Station Ventures Management Limited [2025] EWHC 669 (KB) Mr Justice Sweeting rejected an argument from the claimant that was contrary.

Pleadings

Securities Docket

JULY 18, 2024

Since the PSLRA’s passage, lower courts have wrestled with applying the heightened pleading requirements for claims arising under Section 10(b) and Rule 10b-5 of the Exchange Act. The Supreme Court also has the rare opportunity to ensure that the PSLRA’s pleading requirements remain robust in courts across the country.

Pleadings

IP Watchdog

JULY 23, 2023

101 have been effective tools at the pleading stage for parties defending allegations of patent infringement. Patent eligibility challenges under 35 U.S.C. §

Pleadings

Civil Litigation Brief

APRIL 28, 2025

Here we are looking at an application that was all about the claimant’s inadequate pleadings. After putting the defects right (at at third attempt) the case was allowed to proceed – but it was a lengthy and expensive process for.

Pleadings

Civil Litigation Brief

JUNE 17, 2025

I didn't expert to be writing about a Court of Appeal decision that considered the precise pleaded meaning of the word "pornography", but that is precisely what we are doing here. This series has taken an unexpected turn. A decision.

Pleadings

Civil Litigation Brief

OCTOBER 6, 2024

For some time now the courts have been grappling with the notion of the “implied sanction” in relation to rules and orders. Some rules are subject to “implied sanctions” so that a failure to comply means that a party has.

Pleadings

Civil Litigation Brief

JUNE 9, 2025

We are looking at a case where the court struck out the claimant's case against three defendants because of the inadequate way in which the case was pleaded. General assertions that someone here must be to blame were not sufficient.

Pleadings

Civil Litigation Brief

APRIL 22, 2025

Another example of the importance of all issues being properly pleaded can be found in the judgment of Mr Justice Edward Johnson in Dunya Dervis v Kenan Deniz[2025] EWHC 902 (Ch). The appellant was not allowed, on appeal, to pursue.

Pleadings

E-Discovery LLC

JANUARY 4, 2025

Hall stands in contrast to another recent decision in which both disputing litigants were ordered to state under oath that they had produced all responsive documents. Sometimes Discovery Disputes Do Not Bring Out the Best in Us (Apr. 10, 2024); Two Recent Decisions Imposing Sanctions for Discovery Failures (Dec.

Discovery

Civil Litigation Brief

MAY 26, 2025

Today we are looking at a pleadings issue that arose in the course a lengthy contractual dispute. The claimant made certain, specific allegations, and pleaded that these matters breached a large number of contractual obligations. However, at trial, the claimant.

Pleadings

IP Watchdog

NOVEMBER 8, 2021

On November 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celgene Corp. Mylan Pharmaceuticals Inc.

Pharmaceuticals

Civil Litigation Brief

MARCH 25, 2025

When you start looking for cases about pleadings it is surprising how issues in relation to statements of case keep popping up. We see it in the judgment of Jeremy Hyam KC inKau Media Group Limited v Thomas Hart[2025] EWHC.

Pleadings

Civil Litigation Brief

JUNE 30, 2025

There are so many judgments concerning late applications to amend pleadings that, often, I decide not to write about them. There are applications to amend that are late, very late, very, very late or "door of the court" late.

Pleadings