Focus (Forum & Focus)
Aug. 14, 2008
Pleading for Clarity: Spirit of Seventh Amendment Should Be Honored
On decisions involving summary judgment, the pendulum is swinging too far in the direction of efficiency and reduced costs and against the principles embodied in the Seventh Amendment, writes Georgene Vairo. - Forum Column
By Georgene Vairo
This article appears on Page 6
What is a plaintiffs' lawyer to do? First, the U.S. Supreme Court comes down with its Twombly decision, which appears to be moving pleadings practice away from its liberal notice pleading roots. Bell Atlantic Corp. v. Twombly , 127 S.Ct. 1955 (2007). In Twombly, the court created a plausibility test for a complaint that will survi...
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