Sunday, February 7, 2010
This is a report from the Federal Judicial Center of data concerning motions to dismiss in the months before and after both Twombly and Iqbal. The data are subject to some important limitations, such as the fact that it does not distinguish between 12(b)(6) and other Rule 12 motions, and the fact that many cases settle before motions are decided -- settlements that themselves might reflect parties perception of the law. It also does not include information on whether complaints were dismissed with or without prejudice.
H/T Kevin Clermont