A Closer Look at New Pleading in the Litigation Marketplace

99:2 Judicature 11 (Autumn 2015)

11 Pages Posted: 23 Mar 2015 Last revised: 26 Aug 2015

Date Written: November 21, 2013


In this essay derived from a lecture delivered at the University of Genoa in 2013, I situate the New Pleading regime of Twombly and Iqbal in the American litigation marketplace. Courts and parties are undoubtedly affected by New Pleading. But, as rational actors, they also are responsive to it. Their responsive behaviors both mitigate the expected effects of New Pleading and cause unintended effects. Assessing New Pleading requires understanding and consideration of these market forces and reactive implications.

Keywords: pleading, Twombly, Iqbal, Twiqbal, FJC, Rule 8, plausibility

Suggested Citation

Dodson, Scott, A Closer Look at New Pleading in the Litigation Marketplace (November 21, 2013). 99:2 Judicature 11 (Autumn 2015), Available at SSRN: https://ssrn.com/abstract=2357977

Scott Dodson (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-581-8959 (Phone)

HOME PAGE: http://www.uchastings.edu/faculty/dodson/index.php

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