TITLE

RATIONAL PLEADING IN THE MODERN WORLD OF CIVIL LITIGATION: THE LESSONS AND PUBLIC POLICY BENEFITS OF TWOMBLY AND IQBAL

AUTHOR(S)
Schwartz, Victor E.; Appel, Christopher E.
PUB. DATE
June 2010
SOURCE
Harvard Journal of Law & Public Policy;Summer2010, Vol. 33 Issue 3, p1107
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the changes in the federal pleading requirement in civil litigation after the rulings of the cases Bell Atlantic Corp. versus Twombly and Ashcroft versus Iqbal. It asserts that the U.S. Supreme Court decided that a more thorough review is necessary to protect against frivolous and purely speculative lawsuits. It explains the historical justification and development of notice pleading. It also discusses the rational principles for courts to apply in meeting the Supreme Court's mandate and to determine the sufficiency of a pleading.
ACCESSION #
51917844

 

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