DOL expands whistleblower protections under SOX 
Published: June 8, 2011
Tags: Department of Labor, pleading standard, Sarbanes-Oxley Act of 2002, Twiqal, whistleblower
WASHINGTON – The Administrative Review Board (ARB) of the U.S. Department of Labor has issued a ruling significantly broadening the scope of what constitutes protected activity under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 (SOX).
Contract defenses not subject to heightened standard
By:
Pat Murphy
Published: November 30, 2010
Tags: affirmative defense, breach of contract, pleading standard, Twomby-Iqbal
A breach-of-contract defendant was not required to satisfy heightened pleading standards in asserting affirmative defenses, a U.S. District Court in Virginia has ruled.
Heightened pleading standard doesn’t apply to defenses
By:
Pat Murphy
Published: November 15, 2010
Tags: pleading standard, Twombly-Iqbal
The government was not required to plead sufficient facts to substantiate its assertion of an affirmative defense in a tax case, a U.S. District Court in Minnesota has ruled in denying a motion to strike.
Congress reversing ‘Twiqbal’?
By:
Kimberly Atkins
Published: November 15, 2010
Tags: 20 Things Lawyers Need to Know in 2011, affirmative defense, Ashcroft v. Iqbal, Bell Atlantic Corp. v. Twombly, pleading standard, Twombly-Iqbal
As the current congressional session nears its end, lawyers are keeping a close eye on legislation that could have a big impact on civil litigators and their clients.
Employment lawyers lobby Congress
By:
Kimberly Atkins
Published: October 8, 2009
Tags: arbitration, civil rights, mandatory arbitration, national employment lawyers association, pleading standard
WASHINGTON – The issue of mandatory binding arbitration has been on the minds of lawmakers and in the news recently, and one employment attorneys’ group came to Washington hoping to turn that attention into legislative action.
Pleadings case causing problems
By:
Kimberly Atkins
Published: August 11, 2009
Tags: disability, employment discrimination, pleading standard
As most employment attorneys know, the real test in federal discrimination and disability cases usually comes at the summary judgment stage, when the defendant seeks to dismiss the claim.
Bill would relax civil pleading standard
By:
Kimberly Atkins
Published: July 24, 2009
Tags: Federal Rules, pleading standard
WASHINGTON – In the wake of a report finding that hundreds of trial courts have already cited a recent U.S. Supreme Court decision toughening the pleading standard for civil lawsuits, a veteran Senator has introduced a bill that would relax that standard.
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