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Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write: The U.S. Supreme Court's most important decision this term affecting business litigation did not involve a business. Ashcroft v. Iqbal will make it harder for numerous civil plaintiffs to escape dismissal of claims brought in federal court. Although the facts in Iqbal concern racial and religious discrimination claims by a post-Sept. 11 Muslim detainee, Iqbal will have a major impact in business litigation. This is because Iqbal expressly applies to the pleading of each element, including knowledge and intent, of every claim in federal court.
July 06, 2009 at 12:00 AM
1 minute read
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