Robin Effron on Notice Pleading
In this episode, Robin Effron, Professor of Law at Brooklyn Law School, discusses her article "Putting the 'Notice' Back Into Pleading," which will be published in the Cardozo Law Review. Effron begins by explaining what pleading is and what a plaintiff is expected to plead under the Federal Rules of Civil Procedure in order to survive a motion to dismiss. She describes the origins of what came to be known as "notice pleading" and how it developed over time. She observes that notice pleading effectively conflates notice and factual sufficiency, and argues that we should conceptualize them separately in order to better understand and realize the purpose of our pleading regime. Effron is on Twitter at @binsky18.