Pleading Ignorance: Twombly/Iqbal 'Plausible' Standard
May 12, 2010, 11:57 AM EDT
Law360, New York (May 12, 2010, 11:57 AM EDT) -- As is true in most areas of federal civil practice, the standard for evaluating the sufficiency of a products liability complaint is in flux. Unfortunately, for those of us practicing in the field, the varying standards being applied by district courts seem to result as much from differences in the judge evaluating the complaints, as from differences in the types of products at issue or the types of products liability claim being asserted.
Judges are reaching diametrically opposed conclusions even when addressing nearly identical allegations and...