Sue Provenzano on Pleading Standards & Speech Act Theory
In this episode, Susan E. Provenzano, William Trumbull Professor of Practice at Northwestern University Pritzker School of Law, discusses her article "Can Speech Act Theory Save Notice Pleading?," which will be published in the Indiana Law Journal. Provenzano begins by describing the history of notice pleading, and how it was changed by Twombly and Iqbal. She breaks down how the introduction of "plausibility" affected notice pleading, and how courts and scholars have reacted. She argues that speech act theory can help clarify the content of a complaint, and enable courts to focus on plausibility more clearly. Provenzano's scholarship is available on SSRN.