Boston University School of Law

When Should a Case be Dismissed? The Economics of Pleading and Summary Judgment Standards

Keith N. Hylton

Boston University School of Law Working Paper 06-06

Abstract

This paper applies a simple economic framework to the choice between pleading and summary judgment as points at which a claim can be dismissed.  It concludes generally that pleading standards should vary with the evidentiary demands of the associated legal standards and the social costs of litigation.  The common law’s imposition of higher pleading standards for fraud claims is consistent with this proposition.  The theory implies that the rigorous summary judgment standards that have been developed by antitrust courts should lead to a correspondingly rigorous assessment at the pleading stage.

 

Size: 268 KB
Est. download time @ 28.8K: 9 seconds

Adobe Acrobat Reader v3.01 or greater is required to view this paper.
To obtain a free copy, click the button below

Keith N. Hylton Contact Information

Boston University School of Law

765 Commonwealth Avenue

Boston, MA 02215

knhylton@bu.edu

Phone: (617) 353-8959

This draft can be also found at the link below:

SOCIAL SCIENCE RESEARCH NETWORK