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Expert Analysis

Palin V. NY Times: The Case Of The 'Unusual' Iqbal Hearing

By David McTaggart (November 27, 2017, 10:27 AM EST) -- A federal pleading needs nothing but "a short and plain statement of the claim showing that the pleader is entitled to relief."[1] According to the U.S. Supreme Court in Ashcroft v. Iqbal, if a pleading "states a plausible claim for relief," the case may proceed to discovery.[2] Determining plausibility on a motion to dismiss is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense."[3]...

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