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Full-Text Articles in Jurisprudence
Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano
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 …
In Defense Of The Doctrine Of Mutuality Of Estoppel, Edwin H. Greenebaum
In Defense Of The Doctrine Of Mutuality Of Estoppel, Edwin H. Greenebaum
Indiana Law Journal
No abstract provided.
Federal District Court Consolidation Orders And The Final Judgment Rule
Federal District Court Consolidation Orders And The Final Judgment Rule
Indiana Law Journal
No abstract provided.