Corporate Counsel - March 2010 (Sample Issue)

TABLE OF CONTENTS

A2 OUTSIDE PERSPECTIVES:

COMPLEX BUSINESS LITIGATION

A2

Show Me, Don’t Tell Me: Rule 8(a)( 2) And The New Paradigm
Of Plausibility Pleading

Getting a case dismissed on the pleadings has gotten easier. This article discusses a new pleading standard that applies to all federal civil actions, which requires plaintiffs to show entitlement to relief by alleging facts that state a "plausible" claim. The new standard is intended to more easily dispose of meritless claims before opening the costly and burdensome doors of discovery.

Joseph P. Noonan III (312) 696-4482 jnoonan@butlerrubin.com

DIRECTORY
INSURANCE
A4

Is The Attorney-Client Privilege Bulletproof When Insurance Companies Use It To Disguise Bad Faith Claim-Handling? Insurance companies commonly use lawyers for two primary purposes: to perform the business function of addressing coverage issues (adjusting claims, supervising the claims process, or monitoring the investigation of claims); or to be the litigator litigating a coverage dispute. Determining whether an attorney is acting as a claims handler or legal advisor is a fact inquiry that looks to the dominant purpose of the attorney’s function.