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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: 05 August 2021

Curing New Pleading

Curing New Pleading

(p.127) 4 Curing New Pleading
New Pleading in the Twenty-First Century

Scott Dodson

Oxford University Press

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 It acknowledges that the Old Pleading system is outdated and prone to abuse by plaintiffs looking to manipulate the system. However, in truth, the frequency of the latter is disproportionately small compared to the amount of dismissed legitimate claims that should have been passed under New Pleading; to say nothing of the fact that the Old Pleading interpretation of the Federal Rules is sufficient for the efficient screening of meritless claims. Despite these justifications, however, the country's governing bodies are uninterested or even opposed to pursuing the restoration of Old Pleading.

Keywords:   New Pleading, Old Pleading, Federal Rules

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