Make meaningful the provisions for summary judgment and motions to dismiss for failure to state a claim. The federal courts have moved in that direction with plausibility requirements for pleadings, and their reversion to...more
Now consider the fads, the procedural systems for presenting the case to the courts over the last 100 years.
A. Forms Of Action Or Code Pleading. Pleadings were detailed recitations of the facts the lawyer believed or...more
First, let me disavow any intention tell you about “the good old days.” I fully agree with the definition of nostalgia as, “the art of forgetting the parts that sucked.” But here is a scenario from the demurrer days before...more