Wednesday, October 30, 2013

Pleading

I previously talked about Twombly pleading here.  Currently, Mississippi is still a notice pleading state.  However, you have to be careful.  Here is an interesting scenario where this can come up.  State court action filed with notice pleading.  Creative defendant able to remove case to federal court where Twombly pleading applies and then moves to dismiss case alleging the complaint is insufficient.  I think you can see where this could go south real quick for a Plaintiff. 

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