“The Federal Rules of Civil Procedure are 75 years old this year. Imagine a fete thrown in their honor—mini rule books as party favors, balloons emblazoned with Rule numbers 1-86, and a cake decorated with the words ‘Just, Speedy, and Inexpensive.’” Seattle University School of Law Professor Brooke Coleman, blogging about an article on the federal civil rulemaking process, summarized in the August 23, 2012, issue of this Report. Coleman highlights the article’s call for the rules committee to amend Rule 8 to overrule Twombly/Iqbal, if the empirical findings warrant such an amendment, even if the U.S. Supreme Court would be inclined to stop any Rule 8 change. She concludes that the author celebrates the rulemaking process while articulating “bumps in the road,” “gives advice about how the process might improve and closes his toast with an inspiring call to action. After reading his article, we should all lift a glass, wish the civil rulemaking process well, and take a celebratory sip of champagne.”
Courtslaw.jotwell.com, May 15, 2013.