Tuesday, November 27, 2012

Issacharoff and Miller Post Motion to Dismiss Article on SSRN

Professors Samuel Issacharoff and Geoffrey Miller (both of NYU) have just posted an article entitled An Information-Forcing Approach to the Motion to Dismiss on SSRN.  Here is the abstract:

This article proposes a new approach to the 12(b)(6) motion to dismiss. The idea works as follows. Defendant moves to dismiss exactly as under current practice. Plaintiff either responds to the motion, thus submitting the matter for decision, or files an affidavit proposing a plan of targeted discovery. After receiving defendant’s response, the court approves, rejects, or revises the proposed discovery plan. If the judge allows discovery, defendant either withdraws the motion or produces the information. If defendant withdraws the motion, the litigation proceeds in the usual way. If defendant continues the motion the parties engage in targeted discovery. The court then reviews the motion taking account of information which either party brings to the court’s attention, including information produced in discovery. If the court grants the motion, the case is dismissed and plaintiff pays defendant’s reasonable fees and costs associated with the motion and associated discovery. If the court denies the motion, the case continues and defendant pays plaintiff’s reasonable fees and costs. Our proposal would incentivize both parties to reveal information pertinent to the court’s decision. It promises to improve the operation of the motion to dismiss regardless of the substantive standard used to evaluate the sufficiency of the claims for relief.

You may download the full article by clicking here.


At 2:02 PM, Blogger James Parker said...

It's amazing how stupid the world can be. If there is truly anyone who does not think for one minute that all the Iranian government wants is to start with Israel & then move on to any other nation it decides it dislikes, then that person is insane at best. To see more info please visit http://essayswriters.org/academic-writing/.

At 5:16 AM, Blogger Agar io said...

Really impressive post. I read it whole and going to share it with my social circules. I enjoyed your article and planning to rewrite it on my own blog.
agar io
car games
fun games

At 3:49 AM, Blogger aliya seen said...

It is great to see this log because article writing and blog commenting services are going to very popular among the world so just go ahead as you can.

At 5:11 AM, Blogger Randy Bernstein said...

Most of the students struggling to do their dissertation by own. This is because lack of knowledge and writing skills. They using the custom dissertation help for buy dissertation online.

At 10:53 PM, Blogger Mincecraft Games said...

Very good write-up. I certainly love this site. Keep writing!
- minecraft games
- happy wheels
- happy wheels
- tetris
- brain games
- puzzle games
- agario hi
- abcya
- fnaf

At 12:22 AM, Blogger hoa pikey said...

Great! Thanks for sharing the information. That is very helpful for increasing my knowledge in this fiel
A good blog. Thanks for sharing the information. It is very useful for my future. keep sharing
Red Ball | red ball 2 | Red Ball 3 | Red Ball 4 | duck life
Flash Games| Tank trouble | happy wheels |
Slitherio | Slither io

At 2:41 AM, Blogger Apple Shooter said...

I enjoyed over read your blog post. Your blog have nice information,
I got good ideas from this amazing blog. I am always searching like this type blog post.
I hope I will see again..
Stickman Games | Apple Shooter | Stick War 2

At 3:04 AM, Blogger hoa pikey said...

I enjoyed over read your blog post. Your blog have nice information,
I got good ideas from this amazing blog.
I am always searching like this type blog post. I hope I will see again..
soi cau mien bac | soi cau lo chinh xac 100 | soi cau mb | soi cau |
|du doan xo so mien bac chinh xac 100

At 3:00 PM, Blogger Loran Fabyuel said...

Nice share. I think your website http://www.proessaywriting.com/ should come up much higher in the search results than www.proessaywriting.com where it is showing up right now….

At 11:40 PM, Blogger Linda Rose said...

This is a great article. It gave me a lot of useful information. thank you very much.
Run 3 | Stick Run 2 | Return Man 2
Run 2 | Stick Run | Return Man | run 3 game | run 3 unblocked | Tank Trouble | Tank Trouble 2
Papa's Bakeria | Papa Bakeria

At 11:40 PM, Blogger Regina Hilary said...

Thanks for the best blog.it was very useful for me.keep sharing such ideas in the future as well.this was actually what i was looking for,and i am glad to came here!
kids games free | games games | shooting games | tank games | apple shooter | stick war 2 | unblocked games

At 5:41 AM, Blogger Anita Romanenko said...

I can say this is the perfect blog for everybody admission essay
who read and post here everyday. I dont know why I always visit here maybe its so nice to read here a interesting topics all day. So ill be back more to check more updates and new comments.

At 8:21 AM, Anonymous gun mayhem said...

This is the game so players feel very fierce , adventurous . You try to join and play this game , you will feel great like.
| tank trouble | learn to fly
gun mayhem | can your pet
| happ wheels

At 10:21 PM, Blogger Thu Lê said...

I was very impressed by this post, this site has always been pleasant news. Thank you very much for such an interesting post. Keep working, great job! In my free time, I like play game: redball4games.com. What about you?

At 12:35 AM, Blogger Games 2 Girls said...

I was working and suddenly I visits your site frequently and recommended it to me to read also. The writing style is superior and the content is relevant. Thanks for the insight you provide the readers!

At 10:57 AM, Anonymous UOP Assignment Help said...

I would like to thank you for the efforts you have made in writing this article. I am hoping the same best work from you in the future as well Assignment help

At 12:59 PM, Blogger endy smith said...

I have agreat desire to follow your site to get the inforamtion like that. I need it badly pure essay writer assistance come here.

At 9:19 PM, Blogger learn to fly 2 said...

The blog or and best that is extremely useful to keep I can share the ideas of the future as this is really what I was looking for,


At 9:39 PM, Blogger ngocanhng said...

Alot of blogs I see these days don't really provide anything that I'm interested in, but I'm most definately interested in this one. Just thought that I would post and let you know. Nice! thank you so much! Thank you for sharing.


Post a Comment

<< Home