Will the Supreme Court Ignore Pleading Rules in Janus? | On Labor

September 8, 2017 Labor/Union Movement
Will the Supreme Court Ignore Pleading Rules in Janus? | On Labor

Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s worth noting that to reach that result the Court would need to ignore a series of recent cases requiring plaintiffs to plead facts rather than conclusory assertions.

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