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Federal Courts

2010

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Law

I Have Federal Pleading All Figured Out, Bradley S. Shannon Dec 2009

I Have Federal Pleading All Figured Out, Bradley S. Shannon

Bradley Scott Shannon

Actually (and to no one's surprise), I do not have federal pleading all figured out. But federal civil pleading is the topic of this draft article. The article considers various aspects of federal pleading under the Federal Rules of Civil Procedure and following the Supreme Court's decisions in Twombly and Iqbal in terms of what appear to be the three major types of pleading defects: factual insufficiency, legal insufficiency, and insufficiency of proof. The article also considers the problems posed by frivolous complaints and the divergence of federal and state pleading standards. Along the way, the article reaches a number …

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Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson Dec 2009

Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson

Scott Dodson

No abstract provided.

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O'Connell V. Chapman Univ., No. 10-810, Scott Dodson Dec 2009

O'Connell V. Chapman Univ., No. 10-810, Scott Dodson

Scott Dodson

No abstract provided.

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New Pleading, New Discovery, Scott Dodson Dec 2009

New Pleading, New Discovery, Scott Dodson

Scott Dodson

Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual sufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …

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