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Authors

Ettie Ward

Document Type

Symposium

Abstract

(Excerpt)

Part I will briefly discuss the pre-Twombly view of notice pleadings. To some extent, our understanding of what the rules required and what lawyers actually did was a romanticized view of pleading. Actual pleadings were rarely as "barebones" as we imagine. Further, in recent decades, rules, statutes, court decisions, and practical considerations have further eroded the notice pleading construct.

Part II will give a brief synopsis of the Twombly decision and then discuss the majority and dissent's views on pleadings generally.

Part III will examine selected cases post-Twombly and make some general observations and predictions as to what our new pleading "narrative" will say. A definitive answer is premature, but we can at least identify some "plausible" story lines and areas that will need further clarification from the Supreme Court or the rulemakers.

The conclusion discusses the difficult questions that have been left to the lower federal courts to resolve as they apply Twombly to new scenarios and consider its implications for federal practice in a wide range of cases.

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