H.R. 4115 May Encourage Cookie-Cutter Complaints In Federal Court


In an article appearing in today's Los Angeles and San Francisco Daily Journals (subscription required), I discuss H.R. 4115, which, if passed, will overturn the Supreme Court's recent rulings in Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal. Twombly and Iqbal held that a complaint filed in federal court could be dismissed if it does not contain sufficient factual matter to state a claim for relief that is plausible on its face.

H.R. 4115 (called "The Open Access To Courts Act of 2009"), by contrast, would prohibit a federal district judge from dismissing a complaint unless it appears beyond doubt that plaintiff can prove no set of facts in support of their claim which would entitle plaintiff to relief.

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