Monday, April 21, 2008
What Twombly and Mead have in Common
Prof. Amy J. Wildermuth recently posted an essay on the Northwestern Colloquy, titled What Twombly and Mead Have in Common. Thanks to Editor Kristin Feeley for the heads-up and the following summary:
Professor Amy Wildermuth discusses the similarity between the Supreme Court cases Twombly and Mead. She analyses how both decisions, written by Justice Souter, appear to state a relatively clear rule that fundamentally alters procedural law, but then discusses exceptions or additions that could swallow the general rule. She concludes that the Supreme Court should revise either Federal Rule of Civil Procedure Rule 8 or Rule 9 to clarify the confusion that has resulted from Twombly.