The New York State Bar Association’s House of Delegates has endorsed a recommendation that Federal Rules of Civil Procedure be amended to ease the impact of two recent U.S. Supreme Court rulings some practitioners have blamed for unfairly raising the bar to get some civil actions into federal courts.
The policy-making group, meeting in Cooperstown on Saturday, agreed with the finding of a Special Committee on Standards for Pleading in Federal Litigation that the high court’s rulings in Ashcroft v. Iqbal, 129 U.S. 1937 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), represented a return to views of pleadings rightly rejected by the Federal Rules of Civil Procedure starting in 1938.
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