Era of 'Plausibility'


The Rules & Civil Practice Committee of the Federal Bar Association, Eastern District of Michigan Chapter, presented “Pleadings in the New Era of ‘Plausibility’” on Wednesday, Feb. 6, at the Theodore Levin U.S. Courthouse in Detroit. Among those taking part were (l-r) Joe Vernon of Miller Canfield; U.S. District Judges Robert Cleland and Avern Cohn; moderator Dan Sharkey of Brooks, Wilkins, Sharkey, & Turco PLLC; and Mike Blalock of Dykema Gossett PLLC. Over the past few years, the Supreme Court displaced the old “no set of facts” pleading standard with a “plausibility” test. During the session, Cohn and Cleland discussed their views on how this heightened standard affects their analysis of pleadings, and the corresponding “dos” and don’ts” for civil practitioners.

Photo by John Meiu