Monday, May 18, 2009

Iqbal Court: Twombly Applies Beyond Antitrust Context

One debate that has persisted among some scholars regarding the import of Twombly has been settled by the Supreme Court in Monday's decision in Ashcroft v. Iqbal: whether the Twombly standard can be limited to antitrust cases:

"Respondent first says that our decision in Twombly should be limited to pleadings made in the context of an antitrust dispute. This argument is not supported by Twombly and is incompatible with the Federal Rules of Civil Procedure. Though Twombly determined the sufficiency of a complaint sounding in antitrust, the decision was based on our interpretation and application of Rule 8. 550 U. S., at 554. That Rule in turn governs the pleading standard “in all civil actions and proceedings in the United States district courts.” Fed. Rule Civ. Proc. 1. Our decision in Twombly expounded the pleading stan-dard for “all civil actions,” ibid., and it applies to antitrust and discrimination suits alike. See 550 U. S., at 555-556, and n. 3."


At 12:22 PM, Anonymous Joe Markowitz said...

No question that what this ruling does is to invite even more defendants to file even more 12(b)(6) motions, requiring more amendments to complaints, and more appeals of more dismissals.

At 6:45 PM, Blogger Robert Barlow III said...

I actually forsee a tidal wave of removals of civil actions from state to federal court to benefit from the Iqbal ruling.


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