As Judges Cite Iqbal to Toss Pleadings, Lawyers Plot Reform
A little-noticed U.S. Supreme Court decision on heightened federal pleading standards has been cited in more than 1,500 cases, spurring trial lawyers and groups backing civil rights and consumer causes to seek ways to undo the May ruling.
On Sept. 14, the groups plotted a two-pronged strategy, the National Law Journal reports. They plan to seek legislation that would in effect overturn the decision, Ashcroft v. Iqbal, and to seek changes in provisions of the Federal Rules of Civil Procedure covering discovery. Among the groups at the meeting were the American Association for Justice, the NAACP Legal Defense and Educational Fund, the Sierra Club and the National Employment Lawyers Association.
Iqbal supporters say the decision allows federal courts to toss frivolous pleadings, while the decision’s opponents say it discourages suits by employment plaintiffs and others who can’t gather evidence absent discovery. Iqbal held that Pakistani citizen Javaid Iqbal’s conclusory assertions that his detention was motivated by bias were insufficient to sustain a lawsuit.
The groups at the meeting decided they will seek out litigants who can testify about how Iqbal has affected their lawsuits, according to the NLJ report. Cases affected include a suit against the makers of Seroquel and a suit challenging the government’s no-fly list, both dismissed on Iqbal grounds.
The groups are focusing their attention on changing the law in Congress, where Sen. Arlen Specter, D-Pa., has introduced a bill to ease pleading standards, according to the story. A similar bill may be introduced in the House this week.
