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Twombly/Iqbal Debate - Strike Three

By James M. Beck and Mark Herrmann

The steel cage match between us and Penn's Professor Burbank continues over at PENNumbra.  Our (that is Beck and the now-skedaddled Herrmann) reply in support of the Supreme Court's Twombly/Iqbal rulings - and against Congress meddling with them - is now available.

If this were a appeal in court, that would be the end of of the briefing.

But it's not an appeal.  Rather, it's a publication of the University of Pennsylvania Law School (Bexis' alma mater), and Professor Burbank teaches there (where he taught Bexis conflict of law).  So under Penn Law's rules, the Penn professor gets the last word - look for it next week.

Full post as published by Drug and Device Law on December 16, 2009 (boomark / email).