Caselaw Study on Post-Iqbal Cases

The U.S. Courts web page published a new Caselaw Study on Post-Iqbal Cases (Rev. 4/15/10)as well as an updated Statistical Information on Motions to Dismiss re Twombly/Iqbal (Rev. 4/27/10) (PDF).  As you may recall from our prior post,   Ashcroft v. Iqbal, 77 U.S.L.W. 4387 (May 18, 2009)  toughened pleading standards. Iqbal held that complaints must contain more than “threadbare recitals” or “conclusory statements” of the elements of the case and allege a “plausible” claim for relief that judges can evaluate based on their “judicial experience and common sense.” Iqbal adopted this holding from Bell Atlantic Corp. v. Twombly, 550 U. S. 544 (May 21, 2007), but extended Twombly‘s reasoning to all civil cases, not just antitrust cases.

Plaintiff’s lawyers are seeking to overturn the new standard via legislation or amendment to the civil rules. They claim the new pleading standards caused an increase in motions to dismiss, and many cases have been dismissed under the new standard.