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Reconstructing Pleading: Twombly, Iqbal, And The Limited Role Of The Plausibility Inquiry, Stephen R. Brown
Reconstructing Pleading: Twombly, Iqbal, And The Limited Role Of The Plausibility Inquiry, Stephen R. Brown
Akron Law Review
Although critics have generally failed to appreciate the limited role of the plausibility inquiry, it is still necessary in some cases. I will therefore, in the discussion of plausibility within the three-step framework, provide a general defense of Twombly and Iqbal by recasting the decisions in light of a plaintiff‘s burden to certify to a court that the factual contentions in a complaint ―will likely have evidentiary support under Rule 11. Under this view of the plausibility inquiry, a court acts as a neutral third-party that simply evaluates a plaintiff‘s ability to predict her own likelihood of success. Instead, a …
Summary Judgment, Pleading, And The Future Of Transsubstantive Procedure, Stephen B. Burbank
Summary Judgment, Pleading, And The Future Of Transsubstantive Procedure, Stephen B. Burbank
Akron Law Review
David Berger Professor for the Administration of Justice, University of Pennsylvania Law School. This article is based on remarks made at the 2010 meeting of the AALS Section on Litigation.