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Series

Litigation

2009

University of Pennsylvania Carey Law School

Rules Enabling Act

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Full-Text Articles in Law

Pleading And The Dilemmas Of “General Rules”, Stephen B. Burbank Jan 2009

Pleading And The Dilemmas Of “General Rules”, Stephen B. Burbank

All Faculty Scholarship

This article comments on Professor Geoffrey Miller’s article about pleading under Tellabs and goes on (1) to use Tellabs, Bell Atlantic Corp. v Twombly, and Iqbal v. Hasty (in which the Court has granted review) to illustrate the limits of, and costs created by, certain foundational assumptions and operating principles that are associated with the Rules Enabling Act’s requirement of “general rules,” and (2) more generally, to illustrate the costs of the complex procedural system that we have created. Thus, for instance, the argument that the standards emerging from Twombly should be confined to antitrust conspiracy cases confronts the foundational …