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

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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.

Please see full article below for more information.

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