Specter's legislation is aimed at requiring the federal courts to follow traditional civil procedure rules for filing lawsuits. Rule 8 of the Federal Rules of Civil Procedure simply requires that complaints include "a short and plain statement of the claim showing that the pleader is entitled to relief." As noted by The BLT, Iqbal now requires plaintiffs to produce more facts, and allows judges greater ability to dismiss them. Writing for the Iqbal majority, Justice Anthony Kennedy said that a court must "draw on its judicial experience and common sense" in deciding whether a complaint is plausible.
Specter said, "The effect of the Court's actions will no doubt be to deny many plaintiffs with meritorious claims access to the federal courts and, with it, any legal redress for their injuries," The BLT reported.
I am living proof...
...that this occurs! I just went thru the whole nine yards of appealing a summary judgment, lost that, and now petitioned for rehearing and hearing en banc - a snowball's chance in hell, I hear. The judge, in my best estimation, disfavors my case because I am not a first time litigant. I was successful many years ago in a Title VII case but was repeatedly retaliated against for many, many years and continued to fight my employer. They raped me of my career and ruined my life. But, hey, so what, the judge disfavors my case. Guess that's what matters most. All I know is that if this can happen in my case - a case she FULL WELL KNOWS is legit, then it can happen to anyone. God willing, this bill will pass.
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