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A Theory of Pleading, Litigation, and Settlement
2013
Social Science Research Network
The plausibility pleading regime of Twombly and Iqbal has generated continuing controversy and concern over its effects on the ability of plaintiffs, particularly certain categories of civil rights plaintiffs, to bring cases in federal court. I assess the effects of plausibility pleading by undertaking a novel thought experiment: What would a plaintiff's filing and pleading decisions look like in a world with no pleading standard at all? In other words, what if there were no motions to dismiss
doi:10.2139/ssrn.2360723
fatcat:reidzjfzvbfm3powjievei72wu