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October 18, 2007

A Little Pleading Reading (Updated)

This is my first full CivPro class since the SCOTUS handed down Bell Atlantic v. Twombly.  Here are some of the articles I'm reading to help get my brain wrapped around this issue.  Maybe they'll help you too.--Counseller

The Necessity of Pleading Elements in Private Antitrust Conspiracy Claims by Max Huffman

Bell Atlantic and the Principle of Substantive Sufficiency Under Federal Rule of Civil Procedure 8(a)(2):  Toward a  Structured Approach to Federal Pleading Practice by Allan Ides

Plausibility Pleading by A. Benjamin Spencer

UPDATE:  Suja Thomas also has an article on the subject forthcoming from the Minnesota Law Review--Why the Motion to Dismiss is Now UnconstitutionalThanks to Scott Dodson for his friendly reminder about Suja's article in the comments section.  If you know of other articles on this topic, please mention them in the comments.  Of course, you can also learn a great deal from Scott's posts on this blog on the subject here and from his essay Pleading Standards After Bell Atlantic v. Twombly.--Counseller

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Suja Thomas also has one forthcoming in Minnesota Law Review about why Bell Atlantic (and Tellabs) make the motion to dismiss unconstitutional: http://ssrn.com/abstract=1010062.

Posted by: Scott Dodson | Oct 17, 2007 5:18:03 PM

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