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Civil Procedure Commons

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Articles 1 - 2 of 2

Full-Text Articles in Civil Procedure

Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett Dec 2009

Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett

BYU Law Review

No abstract provided.


Balancing The Pleading Equation, Paul Stancil Jan 2009

Balancing The Pleading Equation, Paul Stancil

Faculty Scholarship

Pleading standards present a tale of two asymmetries. The first is informational: Plaintiffs don't know as much as defendants about defendants' alleged wrongful behavior. Given that, a liberal pleading standard may be sensible; overly demanding pleading standards may ultimately deny justice to worthy plaintiffs who cannot know critical details of their claims before filing.

But informational asymmetry is sometimes counterbalanced by a competing cost asymmetry. In certain circumstances, the cost of litigation is radically different for plaintiffs and defendants. The primary driver of this disparity is liberal discovery; in certain kinds of cases - consumer antitrust cases, for example: defendants' …