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. 

Furthermore, I would be remiss, having posted on the Braden v. Wal-Mart Stores, Inc. opinion today not to mention this significant aspect of the opinion.

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.