Friday, May 21, 2010
The Center for Progressive Reform recently released a white paper titled Plausibility Pleading: Barring the Courthouse Door to Deserving Claimants.
The paper argues that the Supreme Court erred in heightening the pleading standard in Bell Atlantic v. Twombly and Ashcroft v. Iqbal from notice pleading to "plausibility pleading"--a requirement that plaintiffs "must in effect prove their case before they have even had the chance to obtain evidence from the defendant through the discovery process." The paper argues that "[t]he practical effect of the heightened pleading standard is that many deserving plaintiffs will be unable to have their claims heard in court, since they will not have access to any crucial facts that the defendant is able to keep out of public view." This impedes plaintiffs' access to courts, but more: It interferes with the important role that private litigation plays in regulation.