Fact vs. notice pleading when complaint seeks money damages

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted April 24, 2018 11:43 AM

Today’s decision is a reminder of the difference between state court “fact” pleading and federal court “notice” pleading when a complaint seeks money damages.Under federal rules, a complaint need only allege “injury” but no details as to the damages sought. In the case before us, the 7th U.S. Circuit Court of Appeals ruled: “All we hold today is that the complaint cannot be dismissed on the grounds that the plaintiffs do not adequately allege compensable damages.”In …

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