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Posts tagged "pleading"

Twombly: Heightened Federal Pleading Requirement?

Since Marbury v. Madison, Federal Court practice has always been complex and difficult-the litigator walks a tightrope balancing procedural pitfalls under the guise of due process and substantial energy commitment with clients' cost sensitivities in an arena of tight time constraints in contrast to its exhaustive practice requirements. Between a judge's unique procedures, local rules and the federal rules (let alone appellate rules and circuit rules), a litigator's need for predictability and certainty can often be undermined by the subjective nature attendant to the Court's undefined yet nonetheless most important expectations if not predilections. Not only do these oft-conflicting factors seem to take precedence over the "merits" and are obstacles for even the most experienced, but, on top, there is Rule 11 and §1927's admonitions toeing the undercurrent.

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