Skip to main content
Article
Pleading and the Litigation Marketplace
99:2 Judicature 11 (2015)
  • Scott Dodson
Abstract

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
  • Twombly,
  • Iqbal,
  • Twiqbal,
  • New Pleading,
  • Conley,
  • Rule 8
Disciplines
Publication Date
2015
Citation Information
Scott Dodson, Pleading and the Litigation Marketplace, 99:2 Judicature 11 (2015)