Rule 12(e): What Is It Good For? Absolutely Nothing

Law360, New York (March 29, 2013, 10:12 AM EDT) -- The recent evolution of case law governing the standard for Rule 12(b)(6) motions to dismiss reveals that Rule 12(e) serves no practical purpose in modern pleading practice. The gateway to the federal courts is a complaint containing a “well-pleaded” claim. Rule 8(a) of the Federal Rules of Civil Procedure requires a plaintiff to provide in his complaint “a short and plain statement” that shows “that the pleader is entitled to relief.”[1]

Generally, it is not difficult for a plaintiff to plead a claim properly. Despite this...
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