Analysis of Francis v. Giacomelli, the Fourth Circuit’s new opinion clarifying federal pleading standards.
Continue Reading Fourth Circuit Clarifies Twiqbal; Plaintiffs Despair
Twiqbal
Guest Post Friday and Other Hazards of the Blogosphere
By Jay O'Keeffe on
Posted in Appellate Practice
No substantive post at De Novo yet this week because I am lazy I did a piece for Guest Post Friday over at Chris Hill’s blog, Construction Law Musings. Check it out for an appellate lawyer’s thoughts on construction cases.
On Monday, Steve Emmert lamented the departure (or hibernation) of some of his favorite…
Twiqbal Alert: Branham v. Dolgencorp, Inc.
By Jay O'Keeffe on
Posted in Opinions and Analysis
The VLW blog reports that the Western District of Virginia dismissed a state-law slip-and-fall case on a Twiqbal motion yesterday. The court’s opinion, in a case styled Branham v. Dolgencorp, is here.
It’s not too surprising that the Western District would apply the new federal pleading standard—it is, after all, a…
Update: North Carolina Court of Appeals Rejects Twiqbal
By Jay O'Keeffe on
Posted in Opinions and Analysis
A few posts back, we talked about the Supreme Court of Virginia’s Fultz case, and discussed the relative evolution of state and federal pleading standards. Mack Sperling wrote in to note a recent case, Holleman v. Aiken, in which the North Carolina Court of Appeals declined to follow Twombly, stating that it…