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Rule 8 & 12

Posted: Tue Dec 04, 2012 12:54 am
by splittermcsplit88
Regarding FRCP Rule 8 and 12, if a complaint states mere conclusions saying "he harmed me," "he had intent," "he made physical contact," it is factually insufficient. But, is it also legally insufficient?

Re: Rule 8 & 12

Posted: Tue Dec 04, 2012 5:13 am
by Dayan114
Yep—not plausible under Twombly/Iqbal. Unless of course it's one of the forms...

Re: Rule 8 & 12

Posted: Wed Dec 05, 2012 6:18 pm
by musicfor18
What do you mean by unless it's one of the forms?

Re: Rule 8 & 12

Posted: Wed Dec 05, 2012 6:38 pm
by 2014
Forms 11/15 which are by definition sufficient to withstand a 12b6