Home -> Law Blog Directory -> Miscellaneous Blogs -> Federal Civil Practice Bulletin
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Miscellaneous
: Federal Civil Practice BulletinKaplow on Multistage Litigation
Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary judgment before reaching a trial; government agencies as well as prosecutors employ investigative and screening processes before initiating formal adjudication; and many Continental tribunals move forward sequentially. Decisionmaking criteria have proved controversial, as indicated by reactions to the Supreme Court?s recent decisions in Twombly and Lqbal and its 1986 summary judgment trilogy, which together implicate the four Supreme Court cases most cited by federal courts. Neither jurists nor commentators have articulated coherent, noncircular legal standards, and no attempt has been made to examine systematically how decisions at different procedural stages should ideally be made in light of the legal system?s objectives. This Article presents a foundational analysis of the subject. The investigation illuminates central elements of legal system design, recasts existing debates about decision standards, identifies pathways for reform, and provides new perspectives on the nature of facts and evidence and on the relationship between substantive and procedural law.
The article may be downloaded by visiting http://ssrn.com/abstract=2154683.
Full post as published by Federal Civil Practice Bulletin on December 04, 2012 (boomark / email).
Mesothelioma Law Suit
Asbestos Exposure
$189 Million Settlement Reached in Slab Litigation
$189 Million Settlement Reached in Slab Litigation
Breakthrough Settlement Reached In Chinese Drywall Litigation
Chinese Drywall Litigation Breakthrough Settlement Reached










