Assessing Iqbal after One Year: Effects and Proposals
This essay explores Iqbal's impact on civil litigation in federal courts. The essay argues that litigants and courts use Iqbal to foreclose discovery to plaintiffs in a broad range of subject matters. Iqbal also increased the subjectivity of pleading dismissals. The essay evaluates a range of strategies available to litigants and courts to ameliorate or avoid Iqbal's impact. After analyzing each, the essay concludes that in a broad range of circumstances plaintiffs have little protection from unwarranted dismissals at the pleading stage.
Preferred citation: Roger Michalski, Assessing Iqbal after One Year: Effects and Proposals,