Iqbal and Twombly: Meeting the Tougher Plausibility Pleading Standards in Commercial Litigation
U.S. Supreme Court extends heightened pleading standards to all civil cases
Recording of a 90-minute CLE webinar with Q&A
This seminar will analyze the heightened pleading standards for litigation based on two recent Supreme Court decisions, Ashcroft v. Iqbal and Bell Atlantic v. Twombly. The panel will discuss the likely impact for early stages of litigation and best practices for plaintiff and defense counsel.
- Impact of Iqbal and Twombly
- Overview of Iqbal and Twombly rulings
- Types of cases most likely impacted by heightened standards
- Case law trends post-Iqbal
- Motions to dismiss
- Limited discovery orders
- Best practices for defendants seeking dismissal under Twombly and Iqbal
- Best practices for plaintiffs to draft pleadings and avoid dismissal
The panel will review these and other key questions:
- How will increased judicial discretion into motions to dismiss impact judicial decision-making?
- What are the ramifications of Iqbal for limited discovery orders in cases of pleadings with marginal plausibility?
- Will the heightened standard result in motions to dismiss becoming more like motions for summary judgment, thereby increasing the expense of pre-discovery motion practice?
John Clayton Everett
His practice spans a wide range of antitrust matters, from civil and criminal antitrust litigation, to representing... | Read More
His practice spans a wide range of antitrust matters, from civil and criminal antitrust litigation, to representing clients in merger and non-merger investigations before the FTC and DOJ, to counseling clients in diverse industries on a wide variety of practices. He has litigated some of the largest and most complex antitrust class actions of the last 10 years.Close
Holland & Knight
He concentrates his practice in the area of complex commercial litigation, including class actions. His specific area... | Read More
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.Close
Maxwell S. Kennerly
The Beasley Firm
He litigates and tries cases in fields as varied as business torts, civil rights, defamation, insurance coverage/bad... | Read More
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.Close