• Menu
  • Skip to left header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

(317) 639-4511

  • LinkedIn
  • Twitter

Harrison Moberly LLP

Law Firm in Indianapolis, IN

  • HOME
  • PRACTICE AREAS
    • Appellate Law
    • Bankruptcy & Debtor-Creditor Relations
    • Business Services
    • Construction Law
    • Employment Law
    • Environmental
    • Estate Planning, Wealth Transfer and Tax
    • Family Law
    • Insurance Services
    • Law Practice Succession Planning
    • Litigation Services
    • Mediation Roundtable LLC and Alternative Dispute Resolution
    • Real Estate
    • Tax Controversy and Dispute Resolution
  • ATTORNEYS
    • A-K
      • Lisa M. Adler
      • Thaddeus R. Ailes
      • Stephen E. Arthur
      • Ashley A. Butz
      • Raeanna Carrell
      • William “Jay” Hancock
      • Natalie Hatfield
      • Lee L. Heyde
      • Don Hopper
    • L – Z
      • Patricia Polis McCrory
      • James J. McGrath
      • Tamie Jo Morog
      • Rory O’Bryan
      • Chad E. Oswald
      • Mark W. Pfeiffer
      • Fred D. Scott
      • Martha T. Starkey
      • David J. Theising
  • NEWS, EVENTS, & BLOGS
  • BILL PAY
  • LOCATIONS
  • Attorneys
    • A – K
      • Lisa M. Adler
      • Thaddeus R. Ailes
      • Stephen E. Arthur
      • Ashley A. Butz
      • Raeanna Carrell
      • William “Jay” Hancock
      • Natalie Hatfield
      • Lee L. Heyde
      • Don Hopper
    • L – Z
      • Patricia Polis McCrory
      • James J. McGrath
      • Tamie Jo Morog
      • Rory O’Bryan
      • Chad E. Oswald
      • Mark W. Pfeiffer
      • Fred D. Scott
      • Martha T. Starkey
      • David J. Theising
  • Practice Areas
    • Appellate Law
    • Bankruptcy & Debtor-Creditor Relations
    • Business Services
    • Construction Law
    • Employment Law
    • Environmental
    • Estate Planning, Wealth Transfer and Tax
    • Family Law
    • Insurance Services
    • Law Practice Succession Planning
    • Litigation Services
    • Mediation Roundtable LLC and Alternative Dispute Resolution
    • Real Estate
    • Tax Controversy and Dispute Resolution
  • Bill Pay
  • Locations
  • (317) 639-4511

INDIANA CASE LAW UPDATE -No Set of Facts?

August 2, 2007 //  by Stephen Arthur

INDIANA CASE LAW UPDATE
“No Set of Facts”
Stephen E. Arthur

 

Indiana is a “notice pleading” state which requires a claimant to plead the operative facts involved in the litigation. Accordingly, a claimant must provide a “short and plain statement of the claim showing that the pleader is entitled to relief” together with a demand for relief. Notice pleading is grounded in due process and contemplates that a defendant will receive fair notice of the claim and the grounds upon which the claim rests. The original Commission Comments to Trial Rule 8(A) make it clear that although modern pleading practice is intended to eliminate technical difficulties experienced under the prior-Code, a complaint is expected to contain a “statement of circumstances, occurrences, and events in support of the claim presented.” This means that although minimal factual allegations will generally suffice, a claim should state more than factual speculation, labels and conclusions, or a mere recitation of the basic elements of the cause of action.

 

Although notice pleading requirements are fairly straightforward, the mechanism for testing the legal sufficiency of the complaint, Trial Rule 12(B)(6), has, over time, become somewhat limited because Indiana courts are instructed not to dismiss a complaint for failure to state a claim unless it appears to a certainty that there are no set of facts under which the plaintiff would be entitled to relief. See, Marriage of Snow v. England, 862 N.E.2d 644 (Ind. 2007). Because trial judges do not generally grant these motions, the defendant’s first meaningful opportunity to challenge the plaintiff’s claim is the motion for summary judgment – a motion that generally follows discovery and the development of expert testimony.

 

The “no set of facts” standard for deciding motions under Fed.R.Civ.P. 12(b)(6) was recently revisited and rejected by the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007). In Bell Atlantic Corp., the plaintiffs initiated a class action against a group of telecomm companies claiming antitrust violations. Specifically, the plaintiffs alleged a parallel course of conduct among the defendants designed to prevent competition from smaller telecomm companies. The district court dismissed the action finding that pleading the presence of parallel conduct was insufficient to properly state an anti-trust violation. The Second Circuit reversed finding that “some set of facts” could support the plaintiffs’ claim of conspiracy or collusion. On certiorari, the U.S. Supreme Court reversed the Court of Appeals and, in so doing, fundamentally changed the standard by which a court must decide a motion to dismiss under Fed.R.Civ.P. 12(b)(6).

 

The Supreme Court first provided an excellent analysis of the requirements for proper “notice” pleading under Fed.R.Civ.P. 8(a). The Court stated that the “plain statement” must “possess enough heft to ‘sho[w] that the pleader is entitled to relief,’” and that notice pleading requires a “showing,” rather than a blanket assertion of entitlement to relief. The Court then examined the proper standard for reviewing a motion to dismiss under Trial Rule 12(b)(6) and rejected the “no set of facts” standard previously approved by the Court in Conley v. Gibson, 355 U.S. 41 (1957). In reaching this decision, the Court stated: “This ‘no set of facts’ language can be read in isolation as saying that any statement revealing the theory of the claim will suffice unless its factual impossibility may be shown from the face of the pleadings.… [Applying this reading] a wholly conclusory statement of claim would survive a motion to dismiss whenever the pleadings left open the possibility that a plaintiff might later establish some ‘set of [undisclosed] facts’ to support recovery.” The court then stated “[t]he phrase [no set of facts] is best forgotten as an incomplete, negative gloss on an accepted pleading standard.”

 

If Indiana elects to adopt the approach advocated in Bell Atlantic Corp., it will mean a significant change in the manner in which a trial court must resolve a motion to dismiss an insufficiently pleaded claim under Trial Rule 12(B)(6). Trial Rule 12(B)(6) will become a more effective tool in challenging defectively pleaded claims, especially those bare-bones complaints that are speculative and conclusory, and it will establish a balance between the pleading requirements of Trial Rule 8(A) and a defendant’s right to receive, early in the action, an adequate statement of the reasons he has been sued.

 

Stephen Arthur is a partner with Harrison & Moberly, LLP in Indianapolis, concentrating his practice in commercial and tort litigation. He is the author of Indiana Civil Trial Practice, published by West Publishing, and co-author of Professor Harvey’s Indiana Rules of Procedure Annotated. The author wishes to thank Paul Carroll for his assistance. The opinions and analysis expressed in this column are those of the author.

You May Also Be Interested In:

Estate Planning Considerations for New Parents

David Theising to Speak at 2021 Annual Meeting of ABA Forum on Construction Law in New York City

Execute Documents Remotely

Parenting Time During Governor Holcomb’s Stay at Home Order

Estate Planning During Coronavirus & Social Distancing

Virtual Estate Services

Estate Administration During Coronavirus & Social Distancing

Harrison & Moberly proudly sponsors 2019 APABA-IN Central Regional Conference

Hopper Appointed as Member of the Probate Code Study Commission

Previous Post: « INDIANA CASE LAW UPDATE: Interpleader Actions, Service, and Newly Discovered Evidence
Next Post: Looking outside Indiana »

Primary Sidebar

Twitter

26 Sep 1574502378233122816

HM is excited to announce that Lisa M. Adler and Ashley A. Butz, members of the firm’s estate planning practice, have been named members to the Estate Planning Council of Indianapolis.

Reply on Twitter 1574502378233122816Retweet on Twitter 1574502378233122816Like on Twitter 15745023782331228161Twitter 1574502378233122816
30 Aug 1564625082563137548

Harrison Moberly is proud to recognize and congratulate its 2023 Best Lawyers!

Twitter feed video.
Image for the Tweet beginning: Harrison Moberly is proud to
Reply on Twitter 1564625082563137548Retweet on Twitter 1564625082563137548Like on Twitter 15646250825631375481Twitter 1564625082563137548
25 Feb 1497260344577867776

Harrison & Moberly, LLP is proud to recognize and congratulate its 2022 Super Lawyers and Rising Star!

https://t.co/dtMUm1Bzfk

Twitter feed video.
Image for the Tweet beginning: Harrison & Moberly, LLP is
Reply on Twitter 1497260344577867776Retweet on Twitter 1497260344577867776Like on Twitter 1497260344577867776Twitter 1497260344577867776
1 Jun 2021 1399791212056530945

Harrison & Moberly is pleased to officially return to the Downtown office today and celebrated the occasion with a Taco Tuesday lunch to catch up with each other in person!

Twitter feed video.
Image for the Tweet beginning: Harrison & Moberly is pleased
Reply on Twitter 1399791212056530945Retweet on Twitter 1399791212056530945Like on Twitter 13997912120565309451Twitter 1399791212056530945
18 Nov 2019 1196439093527416833

For the 3rd year, H&M Attorneys Mark Pfeiffer and Fred Scott attended the 2019 Tippecanoe County Veterans Stand Down event on November 2, 2019, to provide pro bono legal advice on issues that routinely impact Indiana veterans! We are so grateful for their dedication and service!

Twitter feed video.
Image for the Tweet beginning: For the 3rd year, H&M
Reply on Twitter 1196439093527416833Retweet on Twitter 1196439093527416833Like on Twitter 11964390935274168331Twitter 1196439093527416833
Load More...

Recent Posts

Estate Planning Considerations for New Parents

Starting a family involves preparation and thinking ahead. …

David Theising to Speak at 2021 Annual Meeting of ABA Forum on Construction Law in New York City

Harrison & Moberly attorney David Theising has been invited …

Execute Documents Remotely

We will soon be able to assist clients in executing their estate …

Parenting Time During Governor Holcomb’s Stay at Home Order

During the current World upheaval, parents are looking for …

Estate Planning During Coronavirus & Social Distancing

During this frightening time, we are all reminded of life’s …

Footer

INDIANAPOLIS
(317) 639-4511

8335 Keystone Crossing
Suite 220
Indianapolis, IN 46240

CARMEL
(317) 639-4511

760 S Rangeline Road
Suite 164
Carmel, IN 46032

LEBANON
(317) 639-4511

114 South Meridian St.
Suite A
Lebanon, IN 46052

Site Footer

The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state.

Copyright © 2023 Harrison and Moberly LLP · All Rights Reserved ·