Mar. 13, 2013
'Iqbal Lite': coming to a court near you?
After grappling with this "perplexing" issue, Judge William Fletcher concluded that the U.S. Supreme Court itself has been inconsistent and has applied "a higher pleading standard" in certain kinds of cases. By Matthew Schultz
The recent decision in Moss v. United States Secret Service, 2013 DJDAR 2472 (9th Cir. Feb. 26, 2013) (Moss II) is the latest example of the challenges federal courts face in applying the "plausibility" pleading requirements established in Bell Atlantic Corp. v. Twombly, 550 U.S. 554 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009).
The Federal Rules of Civil Procedure have long required "...
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