Attorney at Law Magazine – Twin Cities Edition
Author: Steve Kerbaugh
The Minnesota Supreme Court recently decided an important issue affecting the opportunity for plaintiffs to have their claims heard in court.
The question before the Supreme Court was: does a claim need to be plausible to survive a motion to dismiss? In Walsh v. U.S. Bank, N.A., No. A13-0742, __ N.W.2d __, 2014 WL 3844201 (Minn. Aug. 6, 2014) the court declined to adopt the plausibility requirement used in federal courts. Instead, the court reaffirmed the traditional, and relatively relaxed, notice-pleading standard, requiring only that a plaintiff plead enough in a complaint to put the defendant on notice of the asserted claims.