Combating Abusive Pleading With Iqbal/Twombly

Law360, New York (December 7, 2009, 2:47 PM EST) -- One of the most frustrating and wasteful legal expenses for a medical device or pharmaceutical manufacturer is the cost of defending against claims where its product was ultimately found to not be involved, but where cases are generally pled to include the defendant along with multiple other manufacturers of the same or similar products.

Such general pleading tactics in toxic tort cases have increasingly become the status quo for plaintiffs’ firms nationwide.

In practice, plaintiffs’ counsel look to take “the easy way out” by simply naming...
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