Iqbal, Twombly Pleading Standards Hotly Debated by Conference Panelists

The heightened pleading standard resulting from two recent U.S. Supreme Court decisions has created either a “sea change” or a mere ripple in practical terms, according to panelists speaking June 18 at the American Constitution Society’s annual convention.

The two decisions are Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 75 U.S.L.W. 4337 (2007), which held that complaints must state enough facts that the claim is “plausible on its face,” and Ashcroft v. Iqbal, 129 S. Ct. 1937,77 U.S.L.W. 4387 (2009), which held that a distinction must be made between conclusory statements and actual allegations.

The panelists, however, generally ...