Tuesday, January 5, 2010
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. Go here for the debate. I have blogged before on the controversy created by the Supreme Court's decision in Ashcroft v. Iqbal related to the level of proof needed to support a plaintiff's claim. See my posts from August 9, August 14, September 8, September 19, September 21 and October 22. Also, adding to this reading list, the Drug and Device Law Blog has posted a list of recent scholarship on the subject here.