Rule 10. Form of Pleadings

AuthorHillel H. Levin
Pages15-15
15
General is based in Virginia. The plaintiff lives in Georgia. (Assume that the
requirements for subject matter and personal jurisdiction are met by these facts.)
Be sure that your complaint complies with Rule 10(a) and (b):
Rule 10. Form of Pleadings
(a) Caption; Names of Parties.
Every pleading must have a caption with the court's name, a
title, a file number, and a Rule 7(a) designation. The title of
the complaint must name all the parties; the title of other
pleadings, after naming the first party on each side, may refer
generally to other parties.
(b) Paragraphs; Separate Statements.
A party must state its claims or defenses in numbered
paragraphs, each limited as far as practicable to a single set of
circumstances. A later pleading may refer by number to a
paragraph in an earlier pleading. If doing so would promote
clarity, each claim founded on a separate transaction or
occurrence and each defense other than a denial must
be stated in a separate count or defense.
Recently, the Supreme Court has issued two very important
and controversial decisions concerning Rule 8(a)(2). These
cases may have changed the standards substantially. The first
of these cases was Bell Atlantic Corp. v. Twombly.
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (2007)
JUSTICE SOUTER delivered the opinion of the Court.
Liability under §1 of the Sherman Act, requires a contract, combination, or
conspiracy, in restraint of trade or commerce. The question in this putative

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