I write in response to the Outside Counsel column, “‘Iqbal’s Application in Employment Law Cases in the Second Circuit,” by Geoffrey A. Mort. (Jan. 20, page 4).
There have literally been thousands of motions to dismiss that have been made in the wake of Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), in employment cases nationally. While many of these cases have been permitted to proceed in the U.S. Court of Appeals for the Second Circuit, the reality is that the time and expense incurred by the parties and the courts in the handling of these motions is enormous and imposes an overwhelming impediment to access to the courts.
