Iqbal: Trouble For Plaintiffs?

Law360, New York (May 27, 2009, 12:00 AM EDT) -- The hole in the dike which opened with Twombly (Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)) has expanded apparently to include discrimination claims. Ashcroft v. Iqbal, No. 07-1015, 556 U.S. ____ (2009).

In Iqbal, a slender 5-4 majority held a plaintiff in a Bivens action (Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971)) was required to plead “sufficient factual matter to show ...” the policy at issue was adopted “for the purpose of discriminating.” (Slip op. 13).

Since Bivens actions are...
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