Case
Conley v. Gibson
23 published works
Antitrust Advocate
Should a Judge’s Personal Judicial Experience Affect Antitrust Pleadings?
By Carl Hittinger, Tyson Herrold
When the U.S. Supreme Court scrapped Conley v. Gibson’s “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some…
Civil Procedure & Federal Courts Blog
Has Conley v. Gibson really been overruled? (And did the Fourth Circuit just tee up the next big SCOTUS case on pleading?)
Over at PrawfsBlawg, Dave Hoffman has a post up on the empirical impact of Twombly and Iqbal. That issue has been hotly debated, but there’s no question that federal courts…
The Faculty Lounge
Federal Pleading
As many of you know, my main area of academic interest is cyberlaw and intellectual property. But I also spent a fair amount of time teaching civil procedure and have…
Civil Procedure & Federal Courts Blog
Wisconsin Adopts Twombly’s Plausibility Standard
In a 4-3 decision, the Wisconsin Supreme Court has adopted the plausibility pleading standard of the U.S. Supreme Court's opinion in Bell Atlantic Corp. v. Twombly. Data Key Partners v.…
Civil Procedure & Federal Courts Blog
Dodson and Starger Map SCOTUS Pleading Cases
Scott Dodson and Colin Starger have posted a one-page chart of Supreme Court pleading decisions. FRCP 8 Pleading: Supreme Court Doctrine 1957-2011. Abstract: Bell Atlantic Corp. v. Twombly and…
Civil Procedure & Federal Courts Blog
Thoughts on the Federal Judiciary Committee’s study of 12(b)(6) motions after Iqbal
By Civil Procedure & Federal Courts Blog
As most of you know, the FJC released its study comparing 12(b)(6) motions in 2006 and 2010 in March 2011. Overall, the study takes the view that the empirical…
Civil Procedure & Federal Courts Blog
Two New Twombly/Iqbal Articles
By Civil Procedure & Federal Courts Blog
Alex Reinert (Cardozo School of Law) has posted The Costs of Heightened Pleading to SSRN. Abstract: In Conley v. Gibson, 355 U. S. 41 (1957), the Supreme Court announced…
Civil Procedure & Federal Courts Blog
Cromer Young on After Iqbal
By Civil Procedure & Federal Courts Blog
Professor Julie D. Cromer Young (Thomas Jefferson School of Law) has posted "Centering the Pleading Pendulum After Iqbal" on SSRN. The abstract states:In 2007, the Supreme Court in Bell Atlantic…
Civil Procedure & Federal Courts Blog
Hatamyar on the Empirical Impact of Twombly and Iqbal
By Civil Procedure & Federal Courts Blog
Professor Patricia Hatamyar (St. Thomas, Florida) has a forthcoming article in the American University Law Review that may be of interest to our readers. The article is The Tao of…
Bankruptcy & Restructuring Law
Lawsuit Defendants Get Their Own “Stimulus Package”
Bankruptcy practitioners should be aware of the U.S. Supreme Court’s recent decision in Ashcroft v. Iqbal, 129 S. Ct. 1937, (2009), which confirmed a new, more subjective standard for evaluating…