The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting ...
Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule ...
This article reviews New York CPLR rules on pleadings, emphasizing they should be flexible but specific enough to give notice. CPLR 3025(c) allows amendments to match evidence at any time, but late or ...