Sunday, November 1, 2009

New bill to override Iqbal

As I have already commented on several posts, the Ashcroft v. Iqbal decision makes it harder for plaintiffs to defeat defendants’ motions to dismiss (see posts on this subject from August 9, August 14, September 8, September 19, September 21, October 12, October 22 and October 23). The Wall Street Journal Law Blog is now reporting that three Democratic lawmakers plan to introduce a bill next week that would override it. One of the representatives working on the bill is quoted as saying that "[t]he Iqbal decision will effectively slam shut the courthouse door on legitimate plaintiffs based on the judge’s take on the plausibility of a claim, rather than on the actual evidence.” The bill will be similar to one introduced earlier this year in the Senate by Sen. Arlen Specter (D., Penn.) but will spell out the new standards more specifically. Go here for the full story. More on the Congressional hearings from here and from the PopTort here.

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