Tips for In-House Counsel
August 18, 2009
Ashcroft v. Iqbal: Raising the Federal Pleading Standard for Plaintiffs and Providing a New Defense Tool for Corporate Defendants
By Yuri Mikulka
Background
In a split decision, the Supreme Court in Iqbal determined that the plaintiff had failed to meet the pleading requirement because he had made only conclusory allegations and the facts in the complaint were more likely explained by lawful conduct than illegal activity.
The plaintiff in Iqbal was a Muslim Pakistani who was arrested and detained by the FBI and INS on immigration charges following September 11, 2001, along with hundreds of others who were classified as “of high interest” and kept in highly restrictive conditions. Iqbal pleaded guilty to fraud charges in connection with his presence in…
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