1. If very specific allegations of all of the facts giving rise to plaintiffs cause of action...

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1. If very specific allegations of all of the facts giving rise to plaintiff’s cause of action were required to be set forth in the complaint, would it have been possible to handle the Alderman case by a motion to dismiss or a demurrer rather than waiting for the summary judgment phase? To the extent that this would have been possible, does the case present a strong argument for more specific pleading of facts? Consider whether the court should have ruled as it did if the motion for summary judgment had been made immediately upon the service of the complaint and before plaintiff had an opportunity to utilize the discovery process. Analytically, the motion for summary judgment can be thought of as a demurrer plus. However, for summary judgment to be a fair and effective, it must be preceded by discovery, so that47each party will have an opportunity to disclose the gaps in her opponent’s case and to cure any defects in her own.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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