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Gordon Schnell, a partner at Constantine Cannon, writes that everyone understands what the Supreme Court was trying to accomplish with Twombly : unleash the lower courts to rid the system of frivolous filings. A worthy goal indeed. However, no one seems to understand how far the courts can go in exercising this newfound power. So instead of merely reining in what was a perhaps overextended pleading threshold, Twombly has invited to judges to dispose of cases they just don't like.
December 05, 2007 at 12:00 AM
1 minute read
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