Originally published July 24, 2009
On July 22, 2009, U.S. Senator Arlen Specter introduced the Notice Pleading Restoration Act of 2009, S. 1504. The bill appears designed to overrule the U.S. Supreme Court's recent decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, which require a plaintiff to plead enough factual detail in a complaint to "state a claim to relief that is plausible on its face." If Senator Specter's bill becomes law, "a Federal court shall not dismiss a complaint . . . except under the standards set forth by the Supreme Court of the United States in Conley v. Gibson." Conley was much maligned, and it required a complaint to be upheld "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." In Twombly, the Supreme Court rejected Conley as unworkable, reasoning that the loose standard often subjected defendants to costly and burdensome discovery on the basis of little more than conclusory allegations. The Supreme Court reiterated Twombly's holding in Iqbal, and it also clarified that the standard set forth in Twombly applies in all civil cases. Sutherland will continue to monitor the progress of the Notice Pleading Restoration Act of 2009.
© 2009 Sutherland Asbill & Brennan LLP. All Rights Reserved.
This article is for informational purposes and is not intended to constitute legal advice.
