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Full-Text Articles in Law
Blurring The Lines Between Pleading Doctrines: The Enhanced Rule 8(A)(2) Plausibility Pleading Standard Converges With The Heightened Fraud Pleading Standards Under Rule 9(B) And The Pslra, Marc I. Steinberg, Diego E. Gomez-Cornejo
Blurring The Lines Between Pleading Doctrines: The Enhanced Rule 8(A)(2) Plausibility Pleading Standard Converges With The Heightened Fraud Pleading Standards Under Rule 9(B) And The Pslra, Marc I. Steinberg, Diego E. Gomez-Cornejo
Faculty Journal Articles and Book Chapters
This article focuses on the Supreme Court’s recent enhancement of Rule 8(a)(2)’s pleading standard to approach the heightened fraud pleading standards under Rule 9(b) and the PSLRA. The authors posit that the introduction of a tacit “probability requirement” into the basic pleading standard impedes the heightened fraud pleading standards under Rule 9(b) and the PSLRA from fulfilling the policy rationales for which they were created. By elevating the basic requirements that must be met in any federal civil case for a complaint to be legally sufficient, the Supreme Court has caused an evident convergence of pleading standards that blurs the …