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Amended Complaints Post-Twiqbal: Why Litigants Should Still Get A Second Bite At The Pleading Apple, Dane Westermeyer
Amended Complaints Post-Twiqbal: Why Litigants Should Still Get A Second Bite At The Pleading Apple, Dane Westermeyer
Washington Law Review
The Supreme Court’s landmark decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal have had a serious effect on the way that Rule 12(b)(6) Motions to Dismiss are handled in federal courts across the country. In the five years since Iqbal was handed down, scholars and practitioners alike have discussed the merits and effects of this decision at length. However, there has been very little—if any—discussion on the relationship between amended complaints and original complaints when it comes to this newly-minted plausibility standard. This Comment aims to examine and critique a post-Twiqbal practice regarding amended complaints that …
The New Class Actions In Japan, Michael J. Madderra
The New Class Actions In Japan, Michael J. Madderra
Washington International Law Journal
This comment provides the first journal publication on Japan’s new class action law, promulgated on December 11, 2013. In the past, Japanese attorneys used rules of joinder and other alternatives to form de facto class action lawsuits. This comment provides insight into the development of Japan’s new class action law through a discussion of the historical context in which it was created. After discussing the law and its development, this comment argues that Japan should examine U.S. jurisprudence to prepare for challenges to the new class action system. Comparing Japanese and U.S. class action systems is appropriate because of similarities …