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Twombly/Iqbal Stay of Litigation

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

Under Twombly/Iqbal pleading standards, defendants who are named in a poorly drafted lawsuit should not have to bear the expense of defending frivolous claims before the court can evaluate the plaintiff’s claims. As the Supreme Court noted in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), a plaintiff who fails to adequately allege a viable complaint is not entitled to “unlock …

Twombly/Iqbal Dismissal of Litigation

In Litigation & Lawsuits by Don KochersbergerLeave a Comment

The Twombly/Iqbal pleading standard can be effective in resisting frivolous claims by plaintiffs. This pleading standard demands “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In applying these standards, a court considering a Rule 12(b)(6) motion to dismiss need not accept the …