Also known as: short and plain statements · Rule 8(a) statement · notice pleading statement
Written by attorneys · grounded in primary & secondary sources — see below
A concise allegation required in a pleading that gives the opposing party fair notice of the claim asserted or the grounds for removal. The allegation must identify the basis for jurisdiction or the elements of the claim without detailed factual recitations or legal conclusions.
LoadLink received the state-court complaint in Paula's motor-vehicle suit and filed a notice of removal in federal district court. The notice stated only that the case was removable and attached the complaint alone. The court remanded the action because the notice failed to supply a short and plain statement identifying any basis for federal subject-matter jurisdiction.
A former congressional staff member sued a congressman for alleged sex discrimination in employment decisions. The complaint recited the dates of adverse actions and asserted that the conduct violated the Fifth Amendment. The court treated the allegations as a short and plain statement sufficient to survive a motion to dismiss on the pleadings.
Select any source to read its text and confirm it supports the definition.
A former detainee filed a Bivens action claiming that high-level officials had adopted a policy of harsh treatment toward Arab and Muslim men. The complaint contained only conclusory assertions that the defendants knew of and condoned the policy. The Supreme Court held that the allegations did not constitute a short and plain statement showing entitlement to relief.
Telecommunications carriers were sued for an alleged conspiracy to restrain trade. The complaint alleged parallel pricing conduct and a general agreement but supplied no facts suggesting actual coordination. The Court ruled that the allegations failed to meet the short and plain statement standard because they did not plausibly show an unlawful agreement.
Shareholders sued a corporation and its officers alleging that misleading statements inflated the stock price. The complaint set forth several statements and claimed they were false but offered no particularized facts supporting scienter. The Court applied the short and plain statement requirement together with the PSLRA and found the allegations insufficient.
Union members sued their employer and union alleging breach of a collective-bargaining agreement. The complaint stated that the employer had discharged employees without just cause and that the union had failed to process grievances. The Court held that these allegations supplied a short and plain statement giving fair notice of the claims.
The notice must identify the specific grounds for federal jurisdiction, such as diversity of citizenship with the amount in controversy or the presence of a federal question. A bare assertion that the case is removable is insufficient. The statement serves the same notice function as the jurisdictional allegations in a complaint.
Supporting sources
No. The standard demands only enough facts to give the defendant fair notice of the claim and the grounds on which it rests. Gaps in detail are addressed through discovery rather than through heightened pleading requirements imposed by courts.
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The notice is procedurally defective and subject to remand. The statute requires attachment of all process, pleadings, and orders served on the removing defendant so the federal court receives a complete record of the state proceeding.
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No. Absent a specific Federal Rule or statute requiring particularity, such as Rule 9(b), courts may not demand more rigorous fact pleading by judicial interpretation alone.
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…must plead in order to state a claim under § 1 of the Sherman Act. Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests," Conley v.…