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Maurer School of Law: Indiana University

Pleadings

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Full-Text Articles in Law

Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano Jul 2021

Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano

Indiana Law Journal

Countless scholars have debated—and lower courts have attempted to apply—the plausibility pleading regime that the Supreme Court introduced in Twombly and Iqbal. Iqbal took Twombly’s requirement that a complaint plead plausibly and turned it into a two-step test. Under that test, the life or death of a lawsuit rests on the distinction between “well-pleaded” and “conclusory” allegations. Only the former are assumed true on a motion to dismiss. Seven decades of pleading precedent had taken a sensible, if unstable, approach to the truth assumption, making a single cut between factual contentions (assumed true) and legal conclusions (ignored). But Iqbal redrew …


Automatic Amendment Of Pleadings: Federal And Indiana Practice Apr 1961

Automatic Amendment Of Pleadings: Federal And Indiana Practice

Indiana Law Journal

No abstract provided.


Book Review. A Pre-Trial Conference, John T. Bauman Jan 1958

Book Review. A Pre-Trial Conference, John T. Bauman

Articles by Maurer Faculty

No abstract provided.


Book Review. Cases On Modern Pleading By Charles E. Clark, John A. Bauman Jan 1952

Book Review. Cases On Modern Pleading By Charles E. Clark, John A. Bauman

Articles by Maurer Faculty

No abstract provided.


The Amendments To Rule 12 Of The Federal Rules Of Civil Procedure, John A. Bauman Jan 1950

The Amendments To Rule 12 Of The Federal Rules Of Civil Procedure, John A. Bauman

Articles by Maurer Faculty

No abstract provided.