Access v. Efficiency: Reflections on the Consequences of Twombly and Iqbal

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Arthur Miller, Jul 30, 2009

In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court discarded a half century’s worth of settled doctrine regarding pleading the key to access to the federal courts starting anew with a heightened standard that threatens to leave many plaintiffs out in the cold. Twombly and Iqbal ushered in “plausibility”pleading and effectively retired “notice” plea