West Headnote of the Day – January 20, 2010

January 20, 2010

West's Key 170A Federal Civil Procedure
West's Key 170AXI Dismissal
West's Key 170AXI(B) Involuntary Dismissal
West's Key 170AXI(B)3 Pleading, Defects In, in General
West's Key 170Ak1773 k. Clear or Certain Nature of Insufficiency.

A well-pleaded complaint may proceed even if it strikes a savvy federal judge that actual proof of those facts is improbable, and that a recovery is very remote and unlikely; however, the claim must be plausible, in other words, plaintiff must plead enough facts to raise a reasonable expectation that discovery will reveal evidence supporting the plaintiff’s allegations.
Brooks v. Ross, 578 F.3d 574 (7th Cir. 2009)

Suggested by Nancy Postula; Central Illinois District Court; Urbana, IL

170A Federal Civil Procedure