Post Iqbal Pleading Standards In Discrimination Cases

Law360, New York (October 07, 2009, 3:04 PM ET) -- Through two recent cases, Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal, the United States Supreme Court has dramatically overhauled a decades old, permissive civil pleading standard.

A plaintiff must now articulate a "plausible" claim for relief to survive dismissal under Federal Rule 12(b)(6), a standard which the reviewing court should consider in light of its "judicial experience and common sense."

In the employment discrimination context, the “Twombly/Iqbal” standard has proven difficult for plaintiffs, who rely heavily on the discovery process, to meet.

However, recent...