Monday, September 21, 2009
More on the battle to undo Iqbal
Two days ago, I reported that a battle is brewing to undo the Supreme Court's decision in Ashcroft v. Iqbal. (If you are not familiar with the debate over the case go here, here, here and here.) Today, the Wall Street Journal Law Blog has an article on the response by plaintiffs' lawyers to the decision in Ashcroft v. Iqbal (here). Meanwhile, the PopTort blog is reporting that Senator, Arlen Specter (D-PA) is working on a bill to undo the consequences of the case. This post also offers a couple of very intersting quotes on the issue: Arthur Miller, New York University School of Law professor and recognized expert on civil procedure: "I have spent my whole life with the federal rules, and this is one of the biggest deals I have ever seen….I see serious problems with democratic values here, with access to the courts, with resolution of disputes with a jury of peers. "Elizabeth Schneider, Brooklyn Law School professor “who has written extensively on federal civil procedure.”: “Iqbal is forcing trial judges to go ‘line by line’ through pleadings, using subjective factors to decide what parts are factual and which statements are conclusory. ‘If that's not an open door to judicial bias, I don't know what is.’"