By Sidney Shapiro, Member Scholar, Center for Progressive Reform, University Distinguished Chair in Law, Wake Forest University School of Law
The Center for Progressive Reform (CPR) today released a white paper examining "plausibility pleading"-the Supreme Court's heightened pleading standard that plaintiffs must satisfy in order to bring their claims in federal court. The paper, Plausibility Pleading: Barring the Courthouse Door to Deserving Claimants, comes after the Court's decision one year ago this week in Ashcroft v. Iqbal that this standard applies to all types of federal cases. The Court first created this standard in Twombly v. Bell Atlantic, three years ago.
Iqbal and Twombly will lead to the dismissal of meritorious cases, thereby weakening the civil justice system and making it more difficult to hold businesses or the government accountable for wrongful actions. Increased dismissals will also deprive federal regulators of vital information needed for improving the regulations that protect people and the environment. Our paper therefore calls on Congress to pass legislation to reverse these decisions.
The pleading standard plays an important role in civil litigation. Would-be plaintiffs unable to draft a complaint that satisfies the pleading standard aren't able to bring their case before a judge or jury in federal court. If the pleading standard is too lenient, too many non-meritorious cases will be able get into court, clogging up the federal judiciary. But if the standard is too high, meritorious cases will be terminated early, denying justice to deserving plaintiffs.
For nearly seventy years, the Federal Rules of Civil Procedure -- the set of rules that govern the conduct of federal civil litigation -- charted an effective middle course by requiring plaintiffs to assert a set of facts that explained how the defendant had harmed them. This approach left the evaluation of the pleading's factual sufficiency to the discovery stage, permitting a plaintiff to use discovery to obtain information relevant to the case.