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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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New Pleading, 2007–2009

New Pleading, 2007–2009

(p.47) 2 New Pleading, 2007–2009
New Pleading in the Twenty-First Century

Scott Dodson

Oxford University Press

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 litigation costs for the defendant, by dismissing meritless claims on the onset of a potential court case, as opposed to weeding meritless claims out in later screening procedures. Unfortunately, the New Pleading motion exacerbates the issue of expenses, and limits the plaintiff's access to justice.

Keywords:   meritless claims, screening procedures, litigation costs, access to justice, New Pleading

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