US Supreme Court Raises Pleading Standards
While this case may appear to be of interest only to civil procedure mavens such as myself, I think it has broader implications. In the Bell Atlantic Corp. v. Twombly case issued this week, the Supreme...
View ArticleMoving Further Away from Notice Pleading
On Monday, the US Supreme Court made clear in Ashcroft v. Iqbal (No. 07-1015) that its new formulation of pleading standards in the Twombley case, has broad application. Arguably, the Court raised the...
View ArticleFederal Rules Counter-Revolution
A report issued this spring by the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System, made a number of recommendations that...
View ArticleDealing with “Frivolous” Lawsuits
Congress is currently considering legislation that would reverse the Supreme Court’s decisions in Iqbal and Twombley, discussed here previously. These decisions have significantly raised the standard...
View ArticleMeet and Confer
For those who still think that litigation must always be conducted in an adversarial manner–that litigants must oppose anything suggested by the other side, and bring every dispute before the court for...
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