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Comparative Convergences in Pleading Standards


Scott Dodson


University of California Hastings College of the Law

March 2, 2009

University of Pennsylvania Law Review, Vol. 158, No. 441, 2010

Abstract:     
Comparative civil procedure has had little influence in American jurisprudence and commentary, in part because of American procedure's deep and widespread exceptionalism. But this may be changing, at least in certain areas. The American notice pleading standard, for example, which has long been considered exceptional, shows signs of trending toward the fact pleading models of foreign countries. Congressional experimentation with heightened pleading in statutes such as the Private Securities Litigation Reform Act and the Supreme Court's recent pronouncements in Iqbal v. Ashcroft and Bell Atlantic v. Twombly suggest that American pleading jurisprudence is moving away from its traditionally exceptionalist corner and towards a regime focused on facts that is more akin to the global norm. If so, then this trend may allow for more meaningful transnational dialogue between the U.S. and foreign systems, more valuable comparative analyses in the U.S., and the potential to harmonize civil procedure across national boundaries.

Number of Pages in PDF File: 32

Keywords: notice pleading, pleading standards, twombly, bell atlantic, fact pleading, rule 8, comparative civil procedure

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Date posted: March 30, 2009 ; Last revised: November 12, 2012

Suggested Citation

Dodson, Scott, Comparative Convergences in Pleading Standards (March 2, 2009). University of Pennsylvania Law Review, Vol. 158, No. 441, 2010. Available at SSRN: http://ssrn.com/abstract=1351994

Contact Information

Scott Dodson (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
415-581-8959 (Phone)
HOME PAGE: http://https://www.uchastings.edu/faculty-administration/faculty/dodson/index.html

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