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United States Leading Case strike out and summary judgment

Conley v Gibson

355 U.S. 41 (1957)
JurisdictionUnited States
CourtUS Supreme Court
Year1957
StatusOverruled

Summary

Established the 'no set of facts' pleading standard for complaint dismissal, later overruled by Bell Atlantic Corp v Twombly (2007).

Key Principle

The former pleading standard that a complaint should not be dismissed unless no set of facts could support the claim.

Area of Law

procedure

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Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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