3. What are the implications of requiring plaintiff to plead a detailed statement of facts, rather than

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3. What are the implications of requiring plaintiff to plead a detailed statement of facts, rather than simply notice of his claim? According to the Seventh Circuit Court of Appeals,

“[T]he number of factual details potentially relevant to any case is astronomical, and requiring a plaintiff to plead facts that are not obviously important and easy to catalogue would result in ‘needless controversies’ about what is required that could serve only to delay or prevent trial.” Moreover, the court continued, a plaintiff might have a right to relief without knowing every supporting factual detail; “requiring the plaintiff to plead those unknown details before discovery would improperly deny the plaintiff the opportunity to prove its claim.” EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. CONCENTRA HEALTH SERVICES, INC., 496 F.3d 773, 779–80 (7th Cir. 2007), quoting Clark, Special Pleading565in the “Big Case,” 21 F.R.D. 45, 53 (1957). On the other hand, can you identify any disadvantages to a notice pleading standard?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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