This article is part of a Chronicle. See more from this Chronicle Caroline Mitchell, David Wallach, Jul 29, 2009 On May 18, 2009, in a 5-to-4 decision, the Supreme Court decided Ashcroft v. Iqbal and continued a trend of toughening federal pleading standards that started with Bell Atlantic Corp. v. Twombly. Until Iqbal, Twombly‘s effect […]

In this issue: Twombly: Making a Broad Impact Robert Bone, Jul 30, 2009 A Proceduralist’s Perspective on Court Access After Twombly I will first briefly explain Twombly’s impact and then sketch the outlines of a policy critique. David Evans, Jul 30, 2009 What You Need to Know About Twombly: The Use and Misuse of Economic […]

This article is part of a Chronicle. See more from this Chronicle David Evans, Jul 30, 2009 In Bell Atlantic v. Twombly the Supreme Court clarified what plaintiffs must plead for their complaints to pass muster. It retired the Conley rule that a court should not dismiss a complaint unless “it appears beyond doubt that […]

This article is part of a Chronicle. See more from this Chronicle Robert Bone, Jul 30, 2009 Many judges, lawyers, and academics worry that the federal courts are in serious trouble, plagued by high litigation costs, huge delays and case backlogs, and unacceptable risks of frivolous litigation. These complaints are not new; they began in […]