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Full-Text Articles in Law
Forum Non Conveniens On Appeal: The Case For Interlocutory Review, Cassandra Burke Robertson
Forum Non Conveniens On Appeal: The Case For Interlocutory Review, Cassandra Burke Robertson
Faculty Publications
Court-access doctrine in transnational litigation is plagued by uncertainty. Without a national court-access policy, federal courts often reach inconsistent forum non conveniens decisions even on very similar facts. This inconsistency is compounded by the district court’s largely unreviewable discretion in making those forum-access decisions, which precludes effective resolution of these conflicts through the appellate process. As a result, the law underlying the forum non conveniens doctrine remains unsettled, creating systemic inefficiency both in litigation procedure and in regulatory policy.
This article, prepared for the symposium “Our Courts and the World: Transnational Litigation and Civil Procedure,” argues that expanding appellate review …
Twombly’S Seismic Disturbances, Edward D. Cavanagh
Twombly’S Seismic Disturbances, Edward D. Cavanagh
Faculty Publications
(Excerpt)
The Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), has had a seismic impact on federal civil litigation. We all thought the notice pleading concept introduced under the Federal Rules of Civil Procedure had substantially eased the plaintiff's burden at the pleading stage. The Supreme Court in Twombly said "yes, but," and emphasized that notice pleading was never intended to dispense entirely with the need to plead facts demonstrating a right to relief. In short, facts matter: Rule 8 of the Federal Rules of Civil Procedure requires a statement of circumstances, events, and …