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Elementary Pleading, Charles B. Campbell
Elementary Pleading, Charles B. Campbell
Charles B. Campbell
This article is a sequel to A “Plausible” Showing After Bell Atlantic Corp. v. Twombly, which suggested that Twombly required “direct or inferential allegations respecting all the material elements necessary to sustain recovery under some viable legal theory.” This standard—referred to here as elementary pleading—has been cited thousands of times since Twombly. After Ashcroft v. Iqbal, the elementary pleading standard fits within a three-part framework that requires the court and litigants to identify the elements of the plaintiff’s claim, to identify and disregard conclusory allegations, and, finally, to assess the well-pleaded allegations to determine whether they constitute a “plausible claim …
No Sirve Continued: Mexico Modifies Its Hague Service Convention Declarations, Charles B. Campbell
No Sirve Continued: Mexico Modifies Its Hague Service Convention Declarations, Charles B. Campbell
Charles B. Campbell
The brief article reports on Mexico's modifications to its Hague Service Convention declarations in 2011. It is a follow-up to No Sirve: The Invalidity of Service of Process Abroad by Mail or Private Process Server on Parties in Mexico Under the Hague Service Convention, 19 Minn. J. Int'l L. 107 (2010).
No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server, Charles B. Campbell
No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server, Charles B. Campbell
Charles B. Campbell
Service of process abroad by mail or private process server on parties in Mexico is invalid under the Hague Service Convention. The other alternative methods of service abroad listed in Article 10 of the Convention are invalid, as well. As one might say in Spanish, such alternative service no sirve—i.e., is useless—in Mexico. Accordingly, service of process abroad by United States litigants and courts on parties in Mexico should proceed through Mexico’s Central Authority in accordance with Articles 3 through 7 of the Convention.
A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell
A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell
Charles B. Campbell
The United States Supreme Court’s decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson “that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Now a complaint must provide “enough facts to state a claim to relief that is plausible on its face.” Decided in 2007, Bell Atlantic was cited in over 6,000 cases in just its first …