Mississippi 12(b)(6) Pleading Standard Distinguished from Federal Standard

The Mississippi Rule 12(b)(6) standard, and not the Federal 12(b)(6) standard, should be used when analyzing whether a state-court petition contains a sufficient pleading in a remand context.  An order released by the United States District Court for the Southern District of Mississippi in New Horizon Church Int’l v. Philadelphia Ins. Co., et al. recognized that the majority of courts have held, in considering arguments concerning fraudulent/improper joinder and remand, that a federal court should look to the relevant pleading standards of the state to determine whether a state-court petition provides a reasonable basis for predicting that the plaintiff could recover against the in-state defendant, at least when the state pleading standard is more lenient. In New Horizon, the Court agreed that the Mississippi 12(b)(6) standard should be applied in the case, therefore implying that the Mississippi pleading standard is indeed both different and more lenient than the federal pleading standard. While the Court acknowledges that the state standard is similar to the federal standards set forth in Iqbal and Twombly, it fails to provide  further analysis because no Mississippi court has ever applied the reasoning from the federal landmark cases nor has any Mississippi court contrasted the two rules. New Horizon Church Int’l v. Philadelphia Ins. Co., et al. Read more.