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Judge may not demand that pleading exceed federal rule's standard.

Publication: Trial
Publication Date: 01-JUN-04
Format: Online - approximately 472 words
Delivery: Immediate Online Access

Article Excerpt
A court may not require a plaintiff to meet pleading standards higher than those stated in Federal Rule of Civil Procedure 8, the Second Circuit has ruled, reinstating a racial discrimination claim.

The federal rule "would become a dead letter if district courts were permitted to supplement [its] requirements through court orders demanding greater specificity or elaboration of legal theories, and then to dismiss the complaint for failure to...

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