Berk v. Choy · ¶62

The majority acknowledges this “pleading” problem and offers, apparently as a solution, yet another formulation of the question that Rule 8 is answering: Rule 8, it says, tells us “what information a plaintiff must provide about the merits of his claim.” Ante, at 195. But, again, this description fails to acknowledge that Rule 8 operates entirely within a specific universe: the pleadings. The majority's unbounded characterization subtly frees Rule 8 from the constraint of its subject matter, allowing it to expand until it collides with Delaware's law.

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