Iqbal Update: Specter to the Rescue.

Posted By Cliff Tuttle | July 24, 2009

Posted by Cliff Tuttle (c) 2009

A couple of days ago, we carried the story how complaints are being dismissed in large numbers since the US Supreme Court announced its decision in Ashcroft v. Iqbal. Well, now, according to BLT (Blog of the Legal Times) Pennsylvania Senator Arlen Specter has introduced a bill intended to reduce the standard for fact pleading to that prior to the Twomby Case in 2007, the case that started the trend that lead to Iqbal.

On the opposite side of the coin, Philly litigator Max Kennerly argues in his blog, Litigation and Trial, that the impact of Iqbal will not be very great. He also provides a pro-forma response for plaintiffs briefing against an Iqbal argument in a motion to dismiss.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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