S. 4054 · 111th Congress
Notice Pleading Restoration Act of 2010
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Never voted on. It didn't reach a floor vote before the 111th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
SpecterSponsorNo cosponsors.
Notice Pleading Restoration Act of 2010 - States that the law governing a dismissal or striking of all or any part of a pleading containing a claim for failure to state a claim, indefiniteness, or insufficiency or a judgment on the pleadings shall be in accordance with the Federal Rules of Civil Procedure as interpreted by the Supreme Court in decisions…
What it does: CRS summary · Introduced in Senate · Dec 22, 2010
Notice Pleading Restoration Act of 2010 - States that the law governing a dismissal or striking of all or any part of a pleading containing a claim for failure to state a claim, indefiniteness, or insufficiency or a judgment on the pleadings shall be in accordance with the Federal Rules of Civil Procedure as interpreted by the Supreme Court in decisions issued before May 20, 2007, except as provided expressly by an Act of Congress enacted before, on, or after enactment of this Act, including the Private Securities Litigation Reform Act of 1995. (Thus finds Bell Atlantic Corp. v. Twombly, decided on May 21, 2007, and Ashcroft v. Iqbal to be inconsistent with the Federal Rules of Civil Procedure and finds further that the appropriate procedure for disposing of factually unmeritorious claims is summary judgment as the Supreme Court held in Swierkiewicz v. Sorema N.A. and Leatherman v. Tarrant County.)
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Notice Pleading Restoration Act of 2010
Latest action (Dec 22, 2010): Read twice and referred to the Committee on the Judiciary.
Policy area: Law · Origin: Senate · Introduced: Dec 22, 2010
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.