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The Effects of New Pleading

Scott Dodson

in New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the severe effects brought about by New Pleading. While New Pleading has indeed proved efficient in screening out a number of cases, the percentage of cases is too small to ... More


New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Scott Dodson

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.001.0001
Subject:
Law, Constitutional and Administrative Law

This book analyzes, critiques, and provides solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape ... More


Living with New Pleading

Scott Dodson

in New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter proposes a refinement to the New Pleading process in the form of New Discovery. New Discovery changes the court's approach to Rule 8—basically, by implementing presuit discovery, which ... More


Curing New Pleading

Scott Dodson

in New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter stresses that the ideal solution to the New Pleading issue is to restore the Old Pleading procedures, with a renewed focus on refining the system. It acknowledges that the Old Pleading ... More


New Pleading, 2007–2009

Scott Dodson

in New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter reviews the 2007–2009 court proceedings that had led to the novel implementation of New Pleading. The court's decision on the Twombly and Iqbal cases, among others, was for reducing ... More


Introduction

Scott Dodson

in New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199832507
eISBN:
9780190260002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199832507.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter expounds on the effects of New Pleading following the Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal cases. In civil procedure, the court employs a screening process ... More


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