Berk v. Choy · ¶63

When properly construed, Rule 8 addresses a particular (and particularly important) procedural question: “What must a pleading that states a claim for relief contain?” In my view, this narrower formulation of the question—the one tethered to the required contents of a “pleading”—keeps Rule 8 within the bounds of its plain meaning, consistent with Gasperini's command not to overread the Federal Rules at the expense of “important state interests and regulatory policies” in cases such as this one. Gasperini v. Cen ter for Humanities, Inc., 518 U. S. 415, 427, n. 7 (1996); see also n. 1, supra.

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