Tuesday, August 4, 2009
Most people think that Iqbal definitively put to rest the old "notice pleading" standard that we were all raised on. But I've found two dissenters: Adam Steinman has an article up on SSRN entitled "The Pleading Problem" and Robert Bone has an article entitled "Twombly, Pleading Rules and the Regulation of Court Access." Neither argue that nothing has changed, but both (in different ways) make the claim that the death of notice pleading has been greatly exaggerated.
It seems that Iqbal is spurring increases in dismissals of poducts liability cases (click on this link for an article in law.com about two recent dismissals). Maybe these cases can be read to be consistent with pleading requirements prior to 2008, but I'm skeptical.