Blurring the Lines between Pleading Doctrines: The Enhanced Rule 8(a)(2) Plausibility Pleading Standard Converges with the Heightened Fraud Pleading Standards under Rule 9(b) and the PSLRA

University of Texas Review of Litigation, Vol. 30, No. 1, 2010

SMU Dedman School of Law Legal Studies Research Paper No. 78

52 Pages Posted: 16 Apr 2011

See all articles by Marc I. Steinberg

Marc I. Steinberg

Southern Methodist University - Dedman School of Law

Marc I. Steinberg

SMU Dedman School of Law

Date Written: 2010

Abstract

This article focuses on the Supreme Court’s recent enhancement of Rule 8(a)(2)’s pleading standard to approach the heightened fraud pleading standards under Rule 9(b) and the PSLRA. The authors posit that the introduction of a tacit “probability requirement” into the basic pleading standard impedes the heightened fraud pleading standards under Rule 9(b) and the PSLRA from fulfilling the policy rationales for which they were created. By elevating the basic requirements that must be met in any federal civil case for a complaint to be legally sufficient, the Supreme Court has caused an evident convergence of pleading standards that blurs the lines between pleading doctrines. The authors assert that this convergence produces incongruity in the federal civil litigation system by at times treating plaintiffs more leniently when bringing forward fraud claims than when alleging non-fraudulent claims under Rule 8(a)(2)’s new plausibility pleading standard.

Suggested Citation

Steinberg, Marc I. and Steinberg, Marc I., Blurring the Lines between Pleading Doctrines: The Enhanced Rule 8(a)(2) Plausibility Pleading Standard Converges with the Heightened Fraud Pleading Standards under Rule 9(b) and the PSLRA (2010). University of Texas Review of Litigation, Vol. 30, No. 1, 2010; SMU Dedman School of Law Legal Studies Research Paper No. 78. Available at SSRN: https://ssrn.com/abstract=1809137

Marc I. Steinberg (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

Marc I. Steinberg

SMU Dedman School of Law ( email )

Register to save articles to
your library

Register

Paper statistics

Downloads
60
rank
346,817
Abstract Views
696
PlumX Metrics