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The Players' Iqbal Briefs

By K.C. Johnson

All three sets of attorneys for the lacrosse players have now filed their response briefs on the Iqbal issue. (I discussed the University?s and the city?s briefs here and here.) Here are their main points:1.) The Defendants Misread IqbalVirtually all of the defendants strongly implied that Iqbal made it much harder for the plaintiffs to survive summary judgment. The lacrosse players? attorneys disagree. Here?s an excerpt from the brief filed by Chuck Cooper and Bill Thomas, who represent 38 unindicted players and some of their parents:Defendants contend that a claim survives at the pleading stage only if it is more likely than any innocent alternative explanation?that is, only if it is probable. But in both Twombly and Iqbal, the Supreme Court could not have been more emphatic that it was ?not impos[ing] a probability requirement at the pleading stage...continue to full post

Full post as published by Durham-in-Wonderland on July 20, 2009 (boomark / email).