Wednesday, December 9, 2009
Debate on Iqbal continues
As the debate over whether Congress should act to overrule the pleading standard articulated by the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) continues in Congress, the University of Pennsylvania Law Review's online supplement PENNumbra is sponsoring an online debate between Professor Stephen Burbank (Univeristy of Pennsylvania) and the Jim Beck and Mark Hermann (better known as the guys who run the Drug and Device Law Blog). Prof. Burbank argues Congress should act while Beck/Hermann argue Congress should leave the cases alone. That debate will be published online in four parts. The first two installments are up already. Beck/Herrmann will post a "closing statement" on December 15 and Prof. Burbank will close the argument on December 22. Go here for the debate and check back in the coming weeks for the follow-ups.