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Indiana Law Journal

Pleading

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Full-Text Articles in Jurisprudence

Why Twombly Is Good Law (But Poorly Drafted) And Iqbal Will Be Overturned, Luke Meier Apr 2012

Why Twombly Is Good Law (But Poorly Drafted) And Iqbal Will Be Overturned, Luke Meier

Indiana Law Journal

The conventional wisdom with regard to the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal is that these two cases work together to usher in a new era of pleading. This reading of the cases, however, is wrong. In reality, Twombly was a valid application of the uncontroversial principle that a complaint must describe the real-world events on which the suit is based with some degree of factual specificity. The Iqbal opinion, unfortunately, mangled this concept by applying it to a complaint that described the real-world events on which the suit was based with sufficient …


The Theory Of The Case, Bernard C. Gavit Apr 1934

The Theory Of The Case, Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Pleading-Appeal And Error-Theory Of The Case Mar 1931

Pleading-Appeal And Error-Theory Of The Case

Indiana Law Journal

No abstract provided.