Plausible Screening: A Defense of Twombly and Iqbal's Plausibility Pleading

Kallen, Michelle

Journal: Richmond Public Interest Law Review

Volume: 14

First Page: 257

Year: 2010

Bluebook Citation: 14 RICH. PUB. INT. L. REV. 257 (2010)

Author: Michelle Kallen: all 3 publications


Abstract

Part I of the article describes the vision of the 1938 reformers and the changes to the litigation landscape since. Part II describes the Twombly and Iqbal cases in relation to prior pleading standards. Part III builds on Twombly and Iqbal's language to set forth an account of plausibility pleadings that addresses the problems with today's system of litigation. Part IV describes some of the major critiques to plausibility pleading and explains why these critiques do not pose a threat to the account of plausibility pleading set forth in Part III.

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