Iqbal, Twombly, and the Lessons of the Celotex Trilogy
Hillel Y. Levin
University of Georgia Law School
February 11, 2010
Lewis & Clark Law Review, Vol. 14, No. 1, p. 143, 2010
UGA Legal Studies Research Paper No. 1665115
This Essay compares the Twombly/Iqbal line of cases to the Celotex trilogy and suggests that developments since the latter offer lessons for the former. Some of the comparisons are obvious: decreased access and increased judicial discretion. However, one important similarity has not been well understood: that the driving force in both contexts has been the lower courts rather than the Supreme Court. Further, while we can expect additional access barriers to be erected in the future, our focus should be on lower courts, rather than other institutional players, as the likely source of those barriers.
Number of Pages in PDF File: 14
Keywords: Civil Procedure, Pleading, Twombly, Iqbal, Courts, Law and Society
Date posted: August 26, 2010
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