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: Personal Injury and Social Security Disability Blog

Supreme Court Ruling In Iqbal Case May Hurt Every Civil Law Plaintiff

By Robert Kraft

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The National Law Journal reports, "A U.S. Supreme Court ruling on Monday could make it significantly harder for plaintiffs in a broad range of cases to survive defendants' motions to dismiss, according to experts in civil procedure." Alan Morrison, former head of Public Citizen Litigation Group, said, "This is very bad for plaintiffs." In addition, "Ian Millhiser, a lawyer with the National Senior Citizens Law Center, called Iqbal 'a sweeping decision with the potential to impact every plaintiff in a civil lawsuit,' adding that it has the effect of 'abandoning the liberal pleading rules which have prevailed for decades.'"

Iqbal ruling diminishes system of American justice, says NYTimes. The New York Times editorializes, "The Supreme Court this week continued its disturbing campaign of closing the courthouse door to people who allege unfair treatment. This time, its target was Javaid Iqbal, one of many Muslim men rounded up and detained after Sept. 11, 2001." The paper adds, "The court's conservative majority is increasingly using legal technicalities to keep people from getting a fair hearing." Concluding, it says, "There is not as easy a fix for this decision, but the problem is just as real. When people with legitimate claims cannot get a hearing, the whole system of American justice is diminished."

From the American Association for Justice news release.

Full post as published by Personal Injury and Social Security Disability Blog on May 20, 2009 (boomark / email).

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