Congress is preparing to wade into the growing debate over the pleading standard for civil lawsuits, after two recent Supreme Court decisions effectively upended longstanding precedent. Sen. Arlen Specter filed legislation Wednesday designed to return the rule to what it was prior to the two rulings, which raised the standard that pleaders must meet to avoid having their cases quickly tossed. If considered, the bill would likely be a lightning rod for debate among plaintiffs lawyers, consumer groups and businesses.
Specter Proposes Return to Prior Pleading Standard
The National Law Journal
July 24, 2009