Publication Date
7-2014
Journal
Human Rights
Abstract
The article critiques the Supreme Court's shift from notice pleading to plausibility pleading, introduced by *Ashcroft v. Iqbal* and *Bell Atlantic v. Twombly*, arguing that this change has harmed civil rights plaintiffs and created significant legal and practical challenges. The author contends that plausibility pleading is both legally unsound and practically problematic, as it increases dismissal rates without improving case quality. The article advocates for overruling these decisions, asserting that the Court should revisit the issue due to the doctrine's inconsistent application and its adverse impact on access to justice.
Volume
41
Issue
1
First Page
11
Last Page
13
Publisher
American Bar Association
Disciplines
Civil Rights and Discrimination | Jurisdiction | Law
Recommended Citation
Alexander A. Reinert,
The Supreme Court's Civil Assault on Civil Procedure,
41
Hum. Rts.
11
(2014).
https://larc.cardozo.yu.edu/faculty-articles/713