Lessons From In Re Hydrogen LLC

Law360, New York (May 21, 2010, 1:37 PM EDT) -- Gone are the days of so-called “notice pleading” in federal courts. Recent decisions by the United States Supreme Court have materially increased the burden on a plaintiff to plead facts with specificity. The holdings in these decisions, which apply to all civil matters brought in federal court, are likely to have a significant impact on adversary proceedings in bankruptcy cases.

The “Notice Pleading” Standard

The pleading of claims in federal court is governed by Rule 8(a) of the Federal Rules of Civil Procedure, which provides in...
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