In October 2024, SCOTUS granted review of Cunningham v. Cornell University to provide guidance on certain pleading standards in ERISA litigation claims, with oral arguments scheduled for January 2025.

Cunningham v. Cornell University will not go into the history books as one of the most important 30 decisions of the 2024-25 term. The case involves a technical problem about pleading standards under ...

In an effort to avoid transforming the FCA into “an all-purpose antifraud statute,” the Sixth Circuit recently reaffirmed that relators must plead a connection between the alleged fraud and an actual ...

Forbes contributors publish independent expert analyses and insights. I am a consultant on white-collar crime and former convicted felon. Defendants in federal cases face life changing choices once ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

For nearly a decade, complaints in almost all civil suits have been examined under the “plausibility standard” introduced by the Supreme Court in Bell Atlantic Corp. v. Twombly and reiterated two ...

About a year ago a colleague brought our attention to the increase in irrelevant, inflammatory, scandalous, and improper language in plaintiff pleadings in catastrophic injury, fire, and death cases.

Government contractors protesting an award must now provide credible allegations that are supported by evidence and are sufficient, if uncontradicted, to establish the likelihood of the protester’s ...

Our April 18, 2019, column addressed the Commercial Division's assessments of the various elements of unjust enrichment claims. "Pleading and Proving Unjust Enrichment Claims," N.Y.L.J. Apr. 18, 2019.