I Have Federal Pleading All Figured Out
Bradley Scott Shannon
Florida Coastal School of Law
July 8, 2010
Case Western Reserve Law Review, Forthcoming
Actually (and to no one's surprise), I do not have federal pleading all figured out. But federal civil pleading is the topic of this draft article. The article considers various aspects of federal pleading under the Federal Rules of Civil Procedure and following the Supreme Court's decisions in Twombly and Iqbal in terms of what appear to be the three major types of pleading defects: factual insufficiency, legal insufficiency, and insufficiency of proof. The article also considers the problems posed by frivolous complaints and the divergence of federal and state pleading standards. Along the way, the article reaches a number of provocative and somewhat unconventional conclusions. I look forward to receiving your comments.
Number of Pages in PDF File: 47
Date posted: July 11, 2010