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Wednesday, November 30, 2011
Courts - Despite reports to the contrary, law student finds "Twombly, Iqbal rulings have 'substantial impact'"
From an interesting "On the Case" column, dated 11/28/2011, by Alison Frankel:
In March, the Federal Judicial Center put out a 52-page report that seemed to minimize the effects of Twombly and Iqbal. The study of motions activity in 23 federal districts, undertaken at the behest of the Judicial Conference's advisory committee on civil rules, found that there was an increase in the rate of motion-to-dismiss filings in the wake of the two rulings, but also found no general increase in the rate at which federal judges granted motions to dismiss with prejudice. "There was no increase from 2006 to 2010 in the rate at which a grant of a motion to dismiss terminated the case," the report said.But a forthcoming Yale Law Journal note by a second-year Yale Law student suggests that Twombly and Iqbal commentators haven't been making the right comparisons. And this isn't just any law student: Jonah Gelbach is an economics professor who spent 12 years on the faculty at the University of Maryland and the University of Arizona. In the paper, a version of which Gelbach presented earlier this month at the Conference on Empirical Legal Studies, the econometrician argues that a simple comparison of dismissal rates isn't the proper way to evaluate the impact of Twombly and Iqbal.
Posted by Marcia Oddi on November 30, 2011 08:50 AM
Posted to Courts in general