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The Civil Procedure law professors identified in Appendix A respectfully move for leave to file a brief as amici curiae in support of the Petitioner. Counsel of record for the parties received timely notice of amici curiae’s intent to file this brief as required by this Court’s Rule 37.2(a). Counsel for Petitioner consented in writing to the filing of the brief, and their written consent has been lodged with the Clerk’s office. Counsel for Respondents stated that they did not consent to the filing of this brief, necessitating the filing of this motion.

Amici curiae have a deep and abiding interest as scholars and teachers in the interpretation and application of the Federal Rules of Civil Procedure, and in particular the rules of pleading. Many amici have participated before this Court in amicus briefs regarding pleading and other issues relating to the application and interpretation of the Federal Rules of Civil Procedure. Arriving at a consistent and understandable pleading doctrine is therefore of great interest to amici. Our continuing interest in the clarity and simplicity of the rules of pleading has been intensified by the growing confusion created by the perceived changes in the requirements for stating a valid claim.

This confusion is highlighted by the present case, and thus the case affords an excellent opportunity to provide guidance to the lower courts. The Court of Appeals for the Ninth Circuit held that the complaint filed by Petitioner was inadequate be- 2 cause it did not provide enough specific facts to meet the pleading standard enunciated by this Court in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Amici seek leave to file this brief in support of the Petition because the Ninth Circuit’s decision is at odds with this Court’s decisions in Twombly and Iqbal, and because lower courts continue to be mired in conflict and confusion over how to apply the decisions in those cases. This case therefore provides this Court with an opportunity to clarify the meaning of those decisions and thereby reduce the uncertainty that lingers over pleading doctrine.

Amici curiae therefore respectfully request that they be granted leave to file the accompanying brief in support of the Petitioner.

Publication Date

3-12-2015

Keywords

Amicus Brief, Civil Procedure, Federal Rules of Civil Procedure (FRCP), Landers v. Quality Communications Inc.

Disciplines

Civil Procedure

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