Federal Pleading and State Presuit Discovery
23 Pages Posted: 11 Mar 2010 Last revised: 12 Nov 2012
Date Written: March 10, 2010
This Symposium Article explores the role that state presuit discovery could play in rectifying the information imbalance caused by Twombly and Iqbal. Several states allow presuit discovery in state courts. The Article explores the utility and limitations of using these state presuit discovery mechanisms in state court to gain access to information that plaintiffs need to survive a federal motion to dismiss under Twombly and Iqbal.
Keywords: presuit, pre-suit, pre-complaint, pre-filing, rule 27, Twombly, Iqbal, pleading
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