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Solving A Pleading Plague: Why Federal Courts Should Strike Insufficient Affirmative Defenses Under The Twombly-Iqbal Plausibility Standard, Nathan A. Leber
Solving A Pleading Plague: Why Federal Courts Should Strike Insufficient Affirmative Defenses Under The Twombly-Iqbal Plausibility Standard, Nathan A. Leber
Cleveland State Law Review
The plausibility standard is the remedy to the rampant pleading of meritless affirmative defenses in federal courts. Set forth in Bell Atlantic Corp v. Twombly, and later clarified in Ashcroft v. Iqbal, the plausibility standard requires pleadings to contain sufficient factual allegations that give rise to a plausible claim for relief. In both Twombly and Iqbal, the Supreme Court used the plausibility approach to dismiss factually-deficient complaints. Applying the plausibility test to insufficient affirmative defenses produces the same result. The central proposition of this Note is that federal courts should analyze affirmative defenses under the Twombly-Iqbal plausibility standard. In order …
Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle
Foreign Corrupt Practices Act Amendments: The Omnibus Trade And Competitiveness Acts Focus On Improving Investment Opportunities, Beverley H. Earle
Cleveland State Law Review
President Reagan signed into law the Omnibus Trade and Competitiveness Act of 1988 (OTCA) on August 23, 1988. Included within this law were provisions addressing authority for trade agreements, section 301 remedies, section 201 escape clause, antidumping, and countervailing duties as well as amendments to the Foreign Corrupt Practices Act (FCPA). Additionally, export control provisions were included in this law as part of the Export Enhancement Act of 1988. This comprehensive law was the culmination of a lengthy process over several years which included hearings; debates; negotiation among House and Senate leaders and the President; and one Presidential veto. The …
Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne
Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne
Cleveland State Law Review
The adoption of the Ohio Rules of Civil Procedure on July 1, 1970, ushered in the age of "Pleader's Lib" for the plaintiff's attorney. In code days, a pleader had to allege facts which showed a cause of action. Under the rules, however, a statement of claim' need only state the bare operative facts which show that the claimant has a claim for relief, and the complaint cannot be dismissed for failure to state such a claim unless it appears beyond doubt from the face of the pleading that the claimant can prove no set of facts entitling him or …