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Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert
Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert
Articles
Ashcroft v. Iqbal and its predecessor, Bell Atlantic Corp. v. Twombly, introduced a change to federal pleading standards that had remained essentially static for five decades. Both decisions have occupied the attention of academics, jurists, and practitioners since their announcement. Iqbal alone has, as of this writing, been cited by more than 95,000 judicial opinions, more than 1,400 law review articles, and innumerable briefs and motions. Many scholars have criticized Iqbal and Twombly for altering the meaning of the Federal Rules of Civil Procedure outside the traditional procedures contemplated by the Rules Enabling Act. Almost all commentators agree that …
Reply Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg
Reply Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg
Amicus Briefs
Betsy Ginsberg filed a Reply Brief for Plaintiff-Appellant Guy Zappulla.
Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg
Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg
Amicus Briefs
Betsy Ginsberg filed a brief on behalf of Appellant Guy Zappulla.
Reply Brief For Plaintiff-Appellant, Alexander A. Reinert
Reply Brief For Plaintiff-Appellant, Alexander A. Reinert
Amicus Briefs
Plaintiff-Appellant Daniel McGowan submits this reply in response to the Brief for Defendants-Appellees United States of America and Tracy Rivers (“Defs.’ Br.”). Defendants concede that Plaintiff was placed in solitary confinement without any statutory or regulatory authorization and solely because he authored a blog post, speech protected by the First Amendment. Nonetheless, Defendants maintain that there is no remedy for this violation of Mr. McGowan’s constitutional and common law rights. None of the reasons offered by Defendants for their position is compelling or supported by relevant law. When one steps back and considers Defendants’ brief as a whole, it is …