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Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Nevada Law Journal
No abstract provided.
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 …
Dropping The Spear: The Case For Enhanced Summary Judgment Prior To Class Certification, Linda S. Mullenix
Dropping The Spear: The Case For Enhanced Summary Judgment Prior To Class Certification, Linda S. Mullenix
Akron Law Review
This brief article makes the case for enhanced judicial scrutiny of summary judgment motions prior to the class certification decision. This argument is congruent (and convergent) with the Supreme Court‘s summary judgment trilogy, the Court‘s twin pleading decisions in Twombly and Iqbal, the Third Circuit‘s decision in Hydrogen Peroxide, and the suggestions from various quarters that courts ought to evaluate the merits of proposed class actions during the class certification process.to evaluate the merits of proposed class actions during the class certification process. Summary judgment prior to class certification, then, is a logical―and desirable―extension of these trends. This article argues …