August 4, 2009
Did Iqbal (and Twombly) Transform Pleadings?
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.
TrackBack URL for this entry:
Listed below are links to weblogs that reference Did Iqbal (and Twombly) Transform Pleadings?:
Wonderful article, thanks for putting this together! "This is obviously one great post. Thanks for the valuable information and insights you have so provided here. Keep it up!"
Posted by: thesis paper | Aug 14, 2009 10:24:03 PM