Post Iqbal Pleading Standards In Discrimination Cases

Law360, New York (October 7, 2009, 3:04 PM EDT) -- 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...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.