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Article
Notice Pleading in Exile
Cardozo Law Review
  • Adam N. Steinman, Texas A&M University School of Law
Document Type
Article
Publication Date
2-2020
ISSN
0270-5192
Abstract

According to the conventional wisdom, the Supreme Court's 2009 decision in Ashcroft v. Iqbal discarded notice pleading in favor of plausibility pleading. This Article — part of a symposium commemorating the Iqbal decision's tenth anniversary — highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal. It also argues that those decisions reflect the best way to read the Iqbal decision. Although Iqbal is a troubling decision in many respects, it can be implemented consistently with the notice-pleading framework that the original drafters of the Federal Rules of Civil Procedure had in mind.

Num Pages
24
Publisher
Yeshiva University Benjamin N. Cardozo School of Law
File Type
PDF
Citation Information
Adam N. Steinman. "Notice Pleading in Exile" Cardozo Law Review Vol. 41 Iss. 3 (2020) p. 1057 - 1080
Available at: http://works.bepress.com/adam-steinman/15/