Congress is preparing to wade into the growing debate over the pleading standard for civil lawsuits, after two recent Supreme Court decisions effectively upended long-standing precedent.
Sen. Arlen Specter, D-Pa., filed legislation Wednesday designed to return the standard to what it was prior to 2007, when the Court handed down its ruling in Bell Atlantic Corp. v. Twombly (pdf). That case and another — Ashcroft v. Iqbal (pdf) from the most recent term — have raised the standard that pleaders must meet to avoid having their cases quickly tossed.
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