Pleadings Standards Post-Iqbal: Litigation Trends

Meeting Tougher Plausibility Standards in Commercial Litigation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 15, 2010

Recorded event now available

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Program Materials

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.

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Outline

  1. Impact of Iqbal
    1. Cases most impacted by heightened standards
    2. Pending legislation to overturn Iqbal
  2. Case law developments post-Iqbal
    1. Motions to dismiss
    2. Limited discovery orders
    3. Applicability to affirmative defenses
    4. Impact on state law pleading standards
  3. Best practices for defendants seeking dismissal under Iqbal
  4. 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
Maxwell S. Kennerly

Attorney
The Beasley Firm

He litigates and tries cases in fields as varied as business torts, civil rights, defamation, insurance coverage/bad...  |  Read More

Thomas J. Lang
Thomas J. Lang

Partner
Morgan Lewis

He focuses his practice on antitrust litigation in both merger and nonmerger matters, including class actions, price...  |  Read More

Leo Rydzewski
Leo Rydzewski

Partner
Holland & Knight

He concentrates his practice in the area of complex commercial litigation, including class actions. His specific area...  |  Read More

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