Pleadings Standards Post-Iqbal: Litigation Trends
Meeting Tougher Plausibility Standards in Commercial Litigation
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
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?
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
Thomas J. Lang
He focuses his practice on antitrust litigation in both merger and nonmerger matters, including class actions, price... | Read More
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.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