Pleadings Standards Post-Iqbal: Litigation Trends
Meeting Tougher Plausibility Standards in Commercial Litigation
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, July 15, 2010
Recorded event now available
This CLE seminar will update counsel either filing or arguing against motions to dismiss on the impact of the Supreme Court's Iqbal decision on pleading standards one year later. The panel will review recent case law developments, including emerging state court cases that discuss Iqbal.
Description
The Supreme Court’s 2009 Ashcroft v. Iqbal ruling was heralded as an advantage to defendants by making pre-discovery motions to dismiss easier to obtain, particularly where the defendant’s knowledge or intent is a critical element of the case.
A year later, the debate continues: has Iqbal really changed the landscape of notice pleading and what has been its impact on early stages of litigation? Since Iqbal was decided, it has been cited in more than 6,000 cases, and a clear body of law is emerging.
One recent development is the circuit split on the applicability of Iqbal to affirmative defenses. And Iqbal may also be impacting state practice as state courts start to weigh the value of the plausibility standard.
Listen as our authoritative panel of litigators discusses the impact of Iqbal on pleadings practice, recent litigation trends and developments, and best practices for counsel in dealing with the heightened pleading standards.
Outline
- Impact of Iqbal
- Cases most impacted by heightened standards
- Pending legislation to overturn Iqbal
- Case law developments post-Iqbal
- Motions to dismiss
- Limited discovery orders
- Applicability to affirmative defenses
- Impact on state law pleading standards
- Best practices for defendants seeking dismissal under Iqbal
- Best practices for plaintiffs to draft pleadings and avoid dismissal
Benefits
The panel will review these and other key questions:
- Has Iqbal resulted in a larger number of motions to dismiss being filed and granted?
- What types of cases have most benefited from the heightened pleadings standards?
- Does Iqbal apply to affirmative defenses?
Faculty
Maxwell S. Kennerly,
Attorney
The Beasley Firm, Philadelphia
He litigates and tries cases in fields as varied as business torts, civil rights, defamation, insurance coverage/bad faith, professional malpractice, and wrongful death. He has taken on health insurance companies, multi-national banks, national publications, and private military contractors as well as the City of Philadelphia, the Commonwealth of Pennsylvania, and the United States government.
Thomas J. Lang,
Partner
Morgan Lewis, Washington, D.C.
He focuses his practice on antitrust litigation in both merger and nonmerger matters, including class actions, price fixing, predatory pricing, intellectual-property-related antitrust issues, and monopolization. He has experience in merger reviews, state court indirect purchaser litigation, federal multidistrict litigation, and civil and criminal investigations by the FTC and the DOJ.
Leo Rydzewski,
Partner
Holland & Knight, Washington, D.C.
He concentrates his practice in the area of complex commercial litigation, including class actions. His specific area of focus includes breach of contract, business torts, media law, real estate (landlord-tenant, right of first refusal, and title defense), trademark and copyright, and trade secrets litigation.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Available 24 hours after the live event
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Available ten business days after the live event
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SAANYS
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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