(In)competence in Appellate and District Court Brief Writing on Rule 12 and 56 Motions.
Journal Article
Overview
abstract
The article focuses on brief writing regarding the U.S. Court of Appeals Rule 12 on dismissal motions and on the U.S. District court Rule 56 on summary judgment motions. It evaluates the causes of pretrial dispositive motions losses in employment discrimination cases. Rule 56, explains that nondiscrimination arises if the person who fired a plaintiff was the same person who hired him, whereas for Rule 12, a defense argues that complaints fail to mention reasonable allegations.