Law Commons^™

Double Jeopardy Violations As "Plain Error" Under Federal Rule Of Criminal Procedure 52(B), Gabriel J. Chin

Pepperdine Law Review

No abstract provided.

Plausibility Pleading And Employment Discrimination, Suzette M. Malveaux

Publications

No abstract provided.

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Publications

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs' class certification motion. But for certain employment rights cases--mainly wage claims but also age discrimination and gender equal pay claims--29 U.S. C. § 216(b) allows not class actions but "collective actions" covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving …

A New Look At Dismissal Rates In Federal Civil Cases, Scott Dodson

Scott Dodson

In the wake of Twombly and Iqbal, a number of studies have been conducted to determine their effects on dismissal practice in federal civil cases. However, because of coding and collection difficulties, those studies have tended to code whole cases rather than claims--leading to the ambiguous coding category of “mixed” dismissals and to problems in characterizing the nature of the dispute--and have failed to distinguish between legal sufficiency and factual sufficiency, potentially masking important detail about the effects of the pleadings changes.

This paper begins to fill in that detail. I compiled an original dataset of district court opinions and …