Also known as:short and plain statement · short, plain statement · FRCP 8(a) · Rule 8 statement
Written by attorneys · grounded in primary & secondary sources — see below
A concise allegation in a pleading or notice that identifies the claim asserted or the grounds for removal. The statement must supply enough information to notify the opposing party and the court of the basis for the action or the jurisdictional foundation without demanding detailed factual support unless a specific rule or statute imposes a heightened standard.
Sources & Authorities· 6 primary sources
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Cases
Statutes
Federal Rules
Study Supplements
How it applies
Common Examples
6
Broker Files Deficient Removal Notice
LoadLink received the state-court complaint in Paula's collision suit and filed a notice of removal in federal district court that simply declared the case removable while attaching only the complaint. The notice contained no explanation of diversity or federal-question jurisdiction and omitted the summons. The court remanded the action because the filing failed to supply the required short and plain statement of grounds together with all served process and pleadings.
Employee Discrimination Complaint Upheld
Akos Swierkiewicz alleged in his complaint that Sorema terminated him because of his age and national origin. The pleading stated the parties, the employment relationship, the termination, and the claimed discriminatory motive without reciting every element of a prima facie case. The Supreme Court held that the short and plain statement satisfied Rule 8 and that no heightened fact-pleading requirement applied.
Swierkiewicz v. Sorema, N.A.534 U.S. 506, 510 (2002)
Detainee's Bivens Claims Dismissed
Javaid Iqbal sued Attorney General Ashcroft and FBI Director Mueller alleging they had approved a policy of harsh detention conditions targeting Arab and Muslim men after September 11. The complaint contained only conclusory assertions of knowledge and discriminatory intent without factual content showing a plausible claim. The Supreme Court ruled that the short and plain statement failed to state a claim under the governing pleading standard.
Ashcroft v. Iqbal556 U.S. 662 (2009)
Shareholders Allege Securities Fraud
Investors in Tellabs sued the company and its executives claiming they had made false statements about product demand. The complaint set forth the alleged misrepresentations, the defendants' knowledge, and the resulting stock drop in a concise narrative. The Supreme Court evaluated whether the short and plain statement satisfied the heightened particularity requirements of the Private Securities Litigation Reform Act.
Tellabs, Inc. v. Makor Issues & Rights, Ltd.551 U.S. 308 (2007)
Investors Claim Stock-Price Inflation
Purchasers of Dura Pharmaceuticals stock alleged that the company misrepresented its product prospects and that the truth later caused the price to fall. The complaint stated the misrepresentations and the subsequent price drop but did not allege that the plaintiffs had sold at a loss traceable to the fraud. The Supreme Court held that the short and plain statement must include loss causation to survive dismissal.
Dura Pharmaceuticals, Inc. v. Broudo544 U.S. 336, 345 (2005)
Telephone Carriers Face Antitrust Suit
Local telephone companies sued their competitors alleging an agreement to restrain competition in the market for high-speed internet service. The complaint described parallel pricing conduct but contained no factual allegations plausibly suggesting an actual agreement. The Supreme Court ruled that the short and plain statement failed to state a claim under Section 1 of the Sherman Act.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Common questions
Frequently Asked
5
What must a notice of removal contain under the short and plain statement requirement?+
The notice must identify the jurisdictional basis such as diversity or federal question and must attach copies of all process, pleadings, and orders served in the state action. A bare assertion that the case is removable does not suffice.
Supporting sources
Does the short and plain statement standard require detailed factual allegations in employment discrimination cases?+
No. Absent a specific rule or statute imposing heightened pleading, a plaintiff need only provide a short and plain statement of the claim showing entitlement to relief. Courts may not impose additional fact-pleading requirements such as a prima facie case.
When does a short and plain statement fail under modern pleading standards?+
The statement fails when it contains only labels, conclusions, or a formulaic recitation of elements without factual content that allows the court to draw the reasonable inference that the defendant is liable. Conclusory allegations of knowledge or intent are insufficient.
How does the short and plain statement requirement interact with securities fraud claims?+
The statement must allege loss causation with sufficient particularity. A complaint that asserts misrepresentations and a later price drop but fails to connect the drop to the fraud does not satisfy the standard.
What documents must accompany a notice of removal that contains a short and plain statement?+
The notice must be accompanied by copies of all process, pleadings, and orders served on the removing defendant in the state action. Omission of served state-court orders or the summons renders the notice procedurally defective even if the grounds are briefly stated.
Supporting sources
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Rule
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short and plain statement
of the claim showing that the pleader is entitled to relief." Fed.
Rule
Civ. Proc.
8(a)
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11 — to file a
short and plain statement
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Civil ProcedureJurisdiction and venue · Federal subject-matter jurisdiction (federal question, diversity, supplemental, and removal)UBEFoundational