tag:blogger.com,1999:blog-14162253.post4256288237991243947..comments2024-03-27T08:39:28.807-06:00Comments on Wash Park Prophet: Legislative Repeal of Iqbal?Andrew Oh-Willekehttp://www.blogger.com/profile/02537151821869153861noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-14162253.post-38174001036857544552010-01-11T15:48:43.554-07:002010-01-11T15:48:43.554-07:00Iqbal and a couple of other cases decided by the U...Iqbal and a couple of other cases decided by the U.S. Supreme Court changes the rules for bringing a valid federal lawsuit.<br /><br />Before the new standard, you could bring a suit if the facts stated in your initial complaint could be a valid basis for bringing a lawsuit if any possible set of facts together with those stated were true. This was called "notice pleading".<br /><br />The new standard requires the person bringing the lawsuit to have knowledge of facts that if true make it plausible, rather than merely possible, that a legal right was violated.<br /><br />The difference mostly comes up in suits where a secret agreement or secret communications that someone bringing a suit doesn't have access to without subpeona power is necessary to prevail. <br /><br />Before, you could sue saying that there could be such an agreement or communication (e.g. an anti-trust or civil rights violating conspiracy) and force the defendant to disclose if there was one. If the disclosure failed to show incriminating evidence, the suit could be thrown out then.<br /><br />Now, you need a whistle blower first, to give you the goods, since you can't get into court to compel disclosure until you have proof that the defendant broke the law.<br /><br />The intent of the change is to protect the ability to sue in cases where the person suing doesn't have all the facts necessary to win at the time of filing.Andrew Oh-Willekehttps://www.blogger.com/profile/02537151821869153861noreply@blogger.comtag:blogger.com,1999:blog-14162253.post-20226727160879043392009-08-11T04:49:45.003-06:002009-08-11T04:49:45.003-06:00would anyone care to allege the goal/intent of suc...would anyone care to allege the goal/intent of such an amendment to rule 12?Anonymousnoreply@blogger.com