La Grasta v. First Union Securities, Inc.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Eleventh Circuit later described La Grasta as abrogated on other grounds by Twombly while continuing to apply its limitations rule in Nance v. Commissioner, Georgia Department of Corrections. All 43 flagged citations have been read; the confirmed change is listed below.
43 later cases cite La Grasta v. First Union Securities, Inc.; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on La Grasta v. First Union Securities, Inc.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court retired the no-set-of-facts pleading standard used in La Grasta.
Bell Atlantic Corp. v. Twombly · Supreme Court of the United States · filed
We could go on, but there is no need to pile up further citations to show that Conley’s “no set of facts” language has been questioned, criticized, and explained away long enough. To be fair to the Conley Court, the passage should be understood in light of the opinion’s preceding summary of the com*563plaint’s concrete allegations, which the Court quite reasonably understood as amply stating a claim for relief. But the passage so often quoted fails to mention this understanding on the part of the Court, and after puzzling the profession for 50 years, this famous observation has earned its retirement.
Read the full opinion on CourtListener →
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