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Author: Clarke Butler Whittier
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
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Author: Clarke Butler Whittier
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
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Author: H. Daniels
Publisher:
ISBN: 9780409012385
Category : Pleading
Languages : en
Pages : 509
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Author: Charles Arthur Beck
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 352
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Author: Charles Arthur Beck
Publisher:
ISBN:
Category : Law of evidence
Languages : en
Pages : 418
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Book Description
Author: William H. J. Hubbard
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 52
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Book Description
Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal are the most important cases on pleading in fifty years. A large literature argues that these cases have raised pleading standards, empowered federal judges as the gatekeepers to federal court, and undermined the 'liberal ethos' of the Federal Rules of Civil Procedure. This understanding of pleading doctrine has in turn led to predictions of dramatic effects on dismissal rates, particularly for claims, such as employment discrimination claims, where plaintiffs often lack knowledge of the defendant's intent at the outset of the case. The accumulating empirical evidence, however, confounds these predictions. Why have the most significant pleading cases in 50 years had virtually no statistically significant effects? Why, in an era of heightened pleading, do defendants file motions to dismiss in only 6 percent of cases? Why have employment discrimination cases been largely unaffected by Twombly and Iqbal? To explain these puzzles, I develop a new theory of pleading, in which pleading practices are not driven by pleading rules and doctrine, but by litigation strategy, and in particular the use of detailed pleadings to precipitate early settlement. I argue that even in a world with no motions to dismiss, we should expect detailed, plausible pleadings to be the norm. I conclude by arguing that Twombly and Iqbal advance rather than weaken the 'liberal ethos' of the Federal Rules. Viewed in this light, Twombly and Iqbal point us to a crucial margin on which they may - or may not - have had a hard-to-detect but potentially important effect: with respect to a small, but disproportionately expensive, set of cases.
Author: Charles Edwin Dare
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 52
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Author: Charles Arthur Beck
Publisher:
ISBN:
Category : Pleading
Languages : en
Pages :
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Author: Kelly Stephen Searl
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 520
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Author: Hazel Genn
Publisher: Hart Publishing
ISBN: 1841130397
Category : Law
Languages : en
Pages : 399
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Book Description
"Effective policy-making in the administration of justice requires a solid understanding of public behaviour. This book presents the results of the most wide-ranging survey ever conducted by an independent body or government agency into the experiences of ordinary citizens as they grapple with the kinds of problems that could ultimately end in the civil courts. Funded by the Nuffield Foundation, the survey identifies how often people experience problems for which there might be a legal solution and how they set about solving them. Revealing crucial differences in the approach taken to different kinds of potential legal problems, the study describes the factors that influence decisions about whether and where to seek advice about problems, and whether and when to go to law. In addition to exploring experiences of courts, tribunals and ADR processes, the study also provides important insights into public confidence in the courts and the judiciary. For the first time the study reveals the public's perspective on access to civil justice and makes a significant contribution to debate about how far civil justice reforms coincide with public experience and expectations about resolving justiciable problems."--Back cover.
Author: Robert L. Stern
Publisher:
ISBN:
Category :
Languages : en
Pages : 738
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Book Description
