UH Law Library's Blog

February 11, 2010

Iqbal: Procedural Blockbuster From 2008-09 Supreme Court Term

Filed under: Electronic Resources — Tags: , — uhlawlibrary @ 5:17 pm

Linked from the front page of BNA’s U.S. Law Week are the annual review and a summary of the U.S. Supreme Court’s 2008-09 term for civil cases.  According to the BNA editors, in civil cases, the U.S. Supreme Court’s 2008-09 term will likely be remembered for the court’s announcement of important new procedural standards and a trio of preemption opinions.

Ashcroft v. Iqbal, one of the term’s numerous 5-4 decisions has been consistently cited as among the top five cases of importance to litigators.  Experts believe that post-Iqbal, it will be easier for defendants to win, and more motions to dismiss will be granted.  “In Iqbal a Pakistani immigrant alleged that former U.S. Attorney General John D. Ashcroft and current FBI Director Robert Mueller, in the wake of the Sept. 11, 2001, terrorist attacks on the United States, unconstitutionally singled out Arab Muslim prisoners for harsh confinement based on their religion and ethnicity. The Supreme Court, however, said that the factual allegations in the complaint were either ‘conclusory’ or implausible and thus should have been dismissed in district court for lack of compliance with Fed. R. Civ. P. 8(a)(2)’s requirement that the complaint set forth a ‘short and plain statement of the claim showing that the pleader is entitled to relief.'”  U.S. Law Week’s annual review of civil cases in the 2008-2009 U.S. Supreme Court term.  Read more about Iqbal, Ricci, Wyeth, NAMUDNO – Tagged as Landmark Opinions of Term.

Cases addressed by lawyers in this Term in Review
Altria Group Inc. v. Good
Arthur Andersen LLP v. Carlisle
• Ashcroft v. Iqbal
• Bartlett v. Strickland
• Caperton v. A.T. Massey Coal Co.
• Carlsbad Technology Inc. v. HIF Bio Inc.
• Gross v. FBL Financial Services Inc.
• Horne v. Flores
• Northwest Austin Municipal Utility District Number One v. Holder (NAMUDNO)
• Ricci v. DeStefano
• Vaden v. Discover Bank
• Wyeth v. Levine

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