Thursday, December 31, 2009
Readers attending the Association of American Law Schools (AALS) annual meeting next week in New Orleans may be interested in the AALS Civil Procedure Section's program, Revisiting Discovery, which is co-sponsored by the Litigation Section. The panel is scheduled for Friday, January 8 from 10:30 a.m. - 12:15 p.m. Here is the description:
Since the Federal Rules of Civil Procedure were adopted in 1938, discovery has played a central role in the American litigation system. Indeed, for many years, pleading was considered of little importance compared to discovery. But as courts and commentators have focused on the costs of discovery, there have been multiple efforts--with varying degrees of success--to rein in discovery. One recent example has been the apparent tightening of pleading standards in Twombly, a tightening which the Court justified in part by nothing the high cost of discovery in complex antitrust actions. In light of Twombly and other developments, the time is right for a renewed focus on the relationship between discovery and other aspects of the litigation system, including pleading and summary judgment. The need for further consideration of the role of discovery in the litigation process as a whole led to our call for papers. The papers selected will be the foundation of our program.
Steven S. Gensler, University of Oklahoma College of Law
Lonny S. Hoffman, University of Houston Law Center (moderator)
Suzette M. Malveaux, The Catholic University of America Columbus School of Law
Adam N. Steinman, University of Cincinnati College of Law