This post is a follow up on the previous two posts regarding the tactic of challenging the sufficiency of pleadings. Of course, since this is an ERISA website, this subject is a digression. On the other hand, the issue is quite topical and often arises in ERISA litigation.
First, some context is in order. Here is a brief overview of the tension between notice and fact pleading. It is legal history, but it is also history that is repeating itself.