Twombly and Iqbal establish a modest pleading standard requiring a complaint to be "plausible." The legal and academic left has been up in arms over this. Beck asks the question I've been asking for a while. "Why should the legal system tolerate the filing of implausible complaints?" I'd recommend the excellent post even if it didn't cite my previous work.
In defense of Iqbal and Twombly
- Reining in the costs of the U.S. litigation system
- Citigroup Securities update
- Federal judge orders cost-shifting for fishing expedition
- Manhattan Institute Event: Overcriminalizing the Empire State?
- CCAF wins sanctions, $2.7M, for class in Classmates.com objection
- Robert F. Booth Trust v. Crowley oral argument
- The burdens of e-discovery
- Around the web, May 7
- § 1920 and e-discovery costs
- Around the web, March 13
- Johnson & Johnson lawsuit thrown out
- "Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery"
- Why is the Eastern District of Texas home to so many patent trolls?
- Loser pays in action: punishment for a patent troll
- Around the web, July 15