Question - Civ Pro E&E, Gannon

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inchoate_con
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Question - Civ Pro E&E, Gannon

Postby inchoate_con » Tue Sep 28, 2010 4:04 pm

If you have the newest version, does he covers Twonbly in light of Ashcroft v. Iqbal? Iqbal is probably too recent, but thought I'd ask before ordering it.

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kalvano
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Re: Question - Civ Pro E&E, Gannon

Postby kalvano » Tue Sep 28, 2010 9:53 pm

I didn't see it, but all you really need to know is that it changed notice pleading standards. "A mere cursory allegation is not enough."

Now you actually have to be kind of specific in the pleading.

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Lonagan
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Re: Question - Civ Pro E&E, Gannon

Postby Lonagan » Tue Sep 28, 2010 10:46 pm

As already noted, the substantive issue in Twombley and Iqbal is pretty simple, namely the requirement that a pleading include facts with sufficient specificity to nudge the complaint from mere possibility to plausibility. You will get your exam points from noting the Stevens dissent in Twombley and discussing other cases decided at about the same time that diverge from the holding in Iqbal, which your casebook should discuss. At least the current Yeazell edition has a goo discussion of those issues.

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inchoate_con
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Re: Question - Civ Pro E&E, Gannon

Postby inchoate_con » Wed Sep 29, 2010 12:47 am

kalvano wrote:I didn't see it.

Thx. Appreciate the other responses, too.

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zeth006
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Re: Question - Civ Pro E&E, Gannon

Postby zeth006 » Wed Sep 29, 2010 2:11 am

I'm guessing the new standard (if we can call it that) will occupy a roman numeral or block letter in our outlines?

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Bustang
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Re: Question - Civ Pro E&E, Gannon

Postby Bustang » Wed Sep 29, 2010 8:24 am

Just write the following on your exam: "Twombly, with Iqball confirming its Rule 8(a) interpretation, took a gigantic dump on Conley and Form 11."


Then proceed to the next question.




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