Saturday, September 19, 2009
The battle to undo Iqbal begins
I have blogged before about the Supreme Court decision in Ashcroft v. Iqbal, in which the Court said plaintiffs must include in their initial pleadings substantial factual assertions that give "facial plausibility" to their claims -- a major shift from the tradition of "notice pleading," which required only a simple statement of the case against the defendant. The decision has made it easier than ever for defendants to shut down lawsuits before they get to the costly discovery stage. For previous posts on this see here, here and here. Fortunately, plaintiffs' attorneys are ready to fight back. Law.com is reporting today that "civil rights and consumer groups and trial lawyers met on Sept. 14 in Washington, D.C., to lay plans for a two-pronged battle to undo the effects of Iqbal. The campaign will be aimed at Congress as well as the rulemaking process for federal courts. Hearings are being planned for October in the House and the Senate." For the full story, go here.