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"A short and plain statement of the claim"

The language means what it says, writes Judge Easterbrook in Kolupa v. Roselle Park District (PDF). If pleading rules are to be toughened up, it's going to have to be by amending the federal rules of procedure, not stretching them (via Cernovich, who comments). Ted has more here about the low hurdle to filing a complaint under the FRCP.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.