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New Pleading in the Twenty-First CenturySlamming the Federal Courthouse Doors?$
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Scott Dodson

Print publication date: 2013

Print ISBN-13: 9780199832507

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199832507.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 July 2021

Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
New Pleading in the Twenty-First Century
Author(s):

Scott Dodson

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199832507.003.0001

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 for filing pleadings or “complaints” (in the U.S. lexicon) that require adequate legal and factual sufficiency in order for that pleading to be pursued in court. In the case of Twombly and Iqbal, the court had imposed a new “plausibility” requirement unheard of in the past fifty years. The New Pleading reform is meant to save both the court and defendant the costs of litigation. However, New Pleading is not without its disadvantages—in order to balance out the complications of New Pleading, there must be a renewed focus on more cost-efficient discovery measures and cooperative management.

Keywords:   Ashcroft v. Iqbal, Bell Atlantic Corp. v. Twombly, New Pleading, discovery measures, cooperative management

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