Plaintiphobia in the Supreme Court
Kevin M. Clermont
Cornell Law School
Cornell University - Law School
December 26, 2013
University of Pennsylvania Law Review, Vol. 162, No. 7, 2014
Through the years debate has raged over whether the Supreme Court’s summary judgment trilogy and Twombly-Iqbal pleading decisions had significant practical effects. To address that question, this article introduces a new empirical measure: the difference between the pretrial-adjudication judgment rates for the defendant and for the plaintiff. Plotting that rates’ difference over time suggests that the cases on summary judgment and pleading, which were far and away the two most major alterations of pretrial disposition during the last three decades, had a markedly anti-plaintiff impact.
Number of Pages in PDF File: 17
Keywords: civil procedure, pleading, summary judgment, empirical
JEL Classification: K40, K41Accepted Paper Series
Date posted: October 31, 2013 ; Last revised: January 14, 2014
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