Federal Pleading and State Presuit Discovery

23 Pages Posted: 11 Mar 2010 Last revised: 12 Nov 2012

Scott Dodson

University of California Hastings College of the Law

Date Written: March 10, 2010

Abstract

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

Suggested Citation

Dodson, Scott, Federal Pleading and State Presuit Discovery (March 10, 2010). 14 Lewis & Clark Law Review 43 (2010); William & Mary Law School Research Paper No. 09-44. Available at SSRN: https://ssrn.com/abstract=1568082

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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