Football Junior Seau dead, probable suicide

Amnorix · 05-02-2012, 02:27 PM

Quote:

Originally Posted by Literature

I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with. That was hard to miss.

Speaking for the other side of the coin, Twombly/Iqbal are there to clean out cases that are extremely weak anyway BEFORE the massive expense of discovery is incurred. You have no idea whatsoever how expensive, time-consuming and distracting discovery is in the new e-Discovery era.

If a case can't survive Twombly/Iqbal analysis, then it wasn't going anywhere anyway, except to put some money in some lawyers' pockets.

Jenson71 · 05-02-2012, 02:31 PM

Quote:

Originally Posted by Amnorix

Speaking for the other side of the coin, Twombly/Iqbal are there to clean out cases that are extremely weak anyway BEFORE the massive expense of discovery is incurred. You have no idea whatsoever how expensive, time-consuming and distracting discovery is in the new e-Discovery era.

If a case can't survive Twombly/Iqbal analysis, then it wasn't going anywhere anyway, except to put some money in some lawyers' pockets.

I agree with that. I didn't mean to put a real negative spin on the new standard, and it wasn't presented to us as a negative either. Just made clear to us that the stakes were raised to a new level for the plaintiff.

Amnorix · 05-02-2012, 02:37 PM

Quote:

Originally Posted by Literature

I agree with that. I didn't mean to put a real negative spin on the new standard, and it wasn't presented to us as a negative either. Just made clear to us that the stakes were raised to a new level for the plaintiff.

Sure, raised from comically low to extremely low.

Jenson71 · 05-02-2012, 02:43 PM

Quote:

Originally Posted by Amnorix

Sure, raised from comically low to extremely low.

What kind of practical effect do you think it had, though? If you do WestLaw search for case and motions referencing Twombly, you get something around 120K matches. It's like 10x more than 200+ years of cases with reference to Marybury v. Madison.

Practically, it was a huge deal, no?