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Dismissals of Lawsuits by Consumers, Employees and for Civil Rights Violations Disparately Impacted by Twombly Iqbal

Findsen Law

Those attorneys who represent consumers or individuals against corporations will be in the “tell me something I don’t know” category regarding the way the district courts treat the 12(b)(6) motion as the new summary judgment motion.  In other words, post-Iqbal and Twombly, the pleading standards are being used to dismiss the cases of those with the least access to pre-suit discovery from high-powered Goliaths, with sole custody and control of discovery.  Those of us who litigated prior to the Iqbal and Twombly USSC cases have seen a sea change in pleading standards that have been around since this country established courts based primarily on the English common law.

The district courts have gone beyond what was envisioned by Twombly (a complex anti-trust case) (read Justice Souter’s important caveats) and Iqbal (a case against the US Attorney General, with important immunity issues not at issue in your typical consumer litigation.  Many…

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