Robert A Schwinger

March 06, 2008 | New York Law Journal

Robert A. Schwinger, a partner at Chadbourne & Parke, writes that in recent years the Supreme Court - and particularly now the Roberts Court - has repeatedly expressed concerns over the costs of commercial litigation (and class actions specifically) that can arise from leniently defined causes of action that allow weak but opportunistically pleaded claims to proceed.

By Robert A. Schwinger

13 minute read

June 03, 2009 | Corporate Counsel

A recent U.S. Supreme Court decision on a terrorism suspect's constitutional claims may help commercial defendants obtain pre-discovery dismissals of claims against them. The Court's decision in Ashcroft v. Iqbal should make it easier for defendants to win motions to dismiss commercial cases, especially in cases involving seemingly weak or speculative claims or where allegations of the defendant's knowledge or intent play a critical role, say attorneys Robert A. Schwinger and Eric Twiste.

By Robert A. Schwinger and Eric Twiste

8 minute read