Paragraphs; separate statement. - All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. … [Read more...] about North Carolina Business Court On A Barely Ever Referenced Rule Of Civil Procedure And A Host Of Employment-Related Claims
Federal rules of civil procedures
By only disclosing the first $1 million in coverage under the CGL policy – presumably the policy which the attorney was retained under – the attorney neglected to investigate the full range of available insurance and to disclose the $10 million umbrella. The attorney submitted an affidavit stating that, in responding to Rule 26, the Risk Manager for the defendant was asked to provide all applicable insurance policies. However, the Court ruled that this was not enough. It noted that the attorney's affidavit in opposition to sanctions did not state that the attorney "independently verified the completeness of the information provided" or that "additional steps [were taken] to ensure that the information" provided in the Initial Disclosures was complete "or that a reasonably inquiry was made prior to providing the Initial Disclosures." The Court goes on to state that the attorney should have been able to "represent to the Court that she undertook [an] independent inquiry to … [Read more...] about Sanctions for Failing to Investigate Insurance under Federal Rule 26
On appeal, the Eighth Circuit refused to honor the District Court’s strict interpretation of Rule 8, which requires that a complaint present "a short and plain statement of the claim showing that the pleader is entitled to relief." In order to meet the Rule 8 pleading standard and survive a motion to dismiss under Rule 12(b)(6), a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A complaint states a plausible claim for relief if its factual content allows the court to draw a reasonable inference that the defendant is liable for the misconduct alleged in the complaint. In Braden, the Eighth Circuit determined that the District Court erred in two ways: (1) the court ignored reasonable inferences supported by the facts alleged, and (2) the court drew inferences in defendants’ favor. As the Eighth Circuit noted, “[e]ach of these errors violates the familiar axiom that on a motion to dismiss, … [Read more...] about Federal Courts Adopt a Liberal Pleading Standard for Erisa Plaintiffs Under Federal Rule of Civil Procedure 8
1.280 (General Provisions Governing Discovery): A new subsection (d), “Limitations on Discovery of Electronically Stored Information,” among other things, calls for two tests in the wake of discovery disputes. Under the “good cause” test, a court may balance the cost and burden of the requested discovery against the relevance of, and the requesting parties’ need for, the information. The “proportionality” test requires a court to “limit the frequency or extent of discovery if it determines that the discovery sought is excessive in relation to the factors listed.” See also Committee Notes to Rule 1.280. … [Read more...] about eDiscovery Alert: New Amendments to the Florida Rules of Civil Procedure
Great-West is a good example of how FRE 502(d) orders can protect against the possible adverse effects of the disclosure of privileged information, even when the party to whom it was disclosed later seeks to get out of the agreement. In Great-West, the party who received the privileged documents brought a motion asserting that the production effected a waiver of privilege. In its argument it sought to convince the court to interpret the FRE 502(d) agreement as a general non-waiver provision written to express the parties’ intent not to subject themselves to strict waiver. Id at 30. In other words, the receiving party argued that the waiver agreement simply incorporated the protection of FRE 502(b), and so the court should undertake a reasonableness determination. Id. The disclosing party argued that if that was the intent, no agreement was needed because FRE 502(b) applies to all federal cases. Therefore, it argued, the … [Read more...] about Protect Your Privilege With Federal Rule of Evidence (FRE) 502(d): Lessons From Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.