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Articles 1 - 5 of 5
Full-Text Articles in Law
The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter
The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter
All Faculty Scholarship
It has been claimed that the risk/reward dynamics of shareholder litigation have encouraged quick settlements with substantial attorneys’ fee awards but no payment to shareholders, regardless of the merits of the case. Fee-shifting charter and bylaw provisions may be too blunt a tool to control agency costs associated with excessive shareholder litigation, and are in any event now prohibited by Delaware statute. We claim, however, that active judicial supervision of public company shareholder litigation at an early stage reduces the costs of frivolous litigation to shareholders by separating meritorious from unmeritorious litigation before the full costs of discovery are incurred. …
Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland
Bernard H. Bronner, Order On Plaintiff's Motion To Dismiss, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Glen W. Rollings Et Al., Order On Defendants' Motion To Dismiss And For Judgment On The Pleadings, Melvin K. Westmoreland
Glen W. Rollings Et Al., Order On Defendants' Motion To Dismiss And For Judgment On The Pleadings, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Georgia Interlocal Risk Management Agency, Order On Defendant's Motion To Dismiss, Elizabeth E. Long
Georgia Interlocal Risk Management Agency, Order On Defendant's Motion To Dismiss, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Can We Learn Anything About Pleading Changes From Existing Data?, Jonah B. Gelbach
Can We Learn Anything About Pleading Changes From Existing Data?, Jonah B. Gelbach
All Faculty Scholarship
In light of the gateway role that the pleading standard can play in our civil litigation system, measuring the empirical effects of pleading policy changes embodied in the Supreme Court's controversial Twombly and Iqbal cases is important. In my earlier paper, Locking the Doors to Discovery, I argued that in doing so, special care is required in formulating the object of empirical study. Taking party behavior seriously, as Locking the Doors does, leads to empirical results suggesting that Twombly and Iqbal have had substantial effects among cases that face Rule 12(b)(6) motions post-Iqbal. This paper responds to …