Tag Archives: Fed. R. Civ. P. 12(c)

Eighth Circuit Holds That Non-Conclusory Allegations “On Information And Belief” May Be Considered Among the Well-Pleaded Allegations of a Civil Complaint Under Twombly

In Ahern Rentals, Inc.  v.  EquipmentShare.com, Inc., No. 22-1399 (8th Cir. Feb. 7, 2023), the Eight Circuit joins other circuits in holding that “allegations pled on information and belief are not categorically insufficient to state a claim for relief where the proof supporting the allegation is within the sole possession and control of the defendantContinue reading “Eighth Circuit Holds That Non-Conclusory Allegations “On Information And Belief” May Be Considered Among the Well-Pleaded Allegations of a Civil Complaint Under Twombly”

Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck

In South Branch LLC v.  Commonwealth Edison Co., No. 21-2861 (7th Cir. Aug. 22, 2022), a potentially massive Racketeer Influenced and Corrupt Organizations Act (RICO) civil case challenging corrupt influence in the Illinois General Assembly, ends at the pleading stage. The panel cites both the “filed rate doctrine” that precludes judicial review of utility ratesContinue reading “Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck”