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Twombly/Iqbal - The Beat Goes On

By James M. Beck and Mark Herrmann

As we mentioned last week, we were invited to participate in a debate about whether Congress should act to overrule the pleading standard enunciated in Twombly and Iqbal.  That debate's being hosted by the University of Pennsylvania Law Review's online supplement, PENNumbra.

We, predictably, thought Congress should stay out of this.

Our opponent in this debate is (drum roll please) Penn's own David Berger Professor for the Administration of Justice, Stephen Burbank.  That alone probably explains why PENNumbra was only able to scrape up a couple of bloggers to take the other side.

Anyway, to read Professor Burbank's contrary take on Twombly/Iqbal go here.  Those of our readers who like to call us the "Voldemorts" should expect to to have some fun, because he says we're not to be "taken seriously."  But then, you already knew that.

Enjoy it while you can.

Our rejoinder to Professor Burbank will be available on PENNumbra in about a week.

Full post as published by Drug and Device Law on December 09, 2009 (boomark / email).