The House of Representatives' Judiciary Committee held a hearing Wednesday on the outsize effect the U.S. Supreme Court's Ashcroft v. Iqbal ruling has had on civil litigation. The ruling, which requires plaintiffs to plead specific factual allegations in their complaints, has already been cited in almost 3,000 lower court rulings in just five months on the books. Only one witness, former DOJ Civil Division Assistant AG Gregory Katsas, defended the ruling as "consistent with the vast bulk of prior precedent."
'Iqbal' Fails to Find Fan Base at House Judiciary Committee Hearing
The American Lawyer
October 29, 2009