Quote:
Originally Posted by Literature
I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with. That was hard to miss.
|
Speaking for the other side of the coin, Twombly/Iqbal are there to clean out cases that are extremely weak anyway BEFORE the massive expense of discovery is incurred. You have no idea whatsoever how expensive, time-consuming and distracting discovery is in the new e-Discovery era.
If a case can't survive Twombly/Iqbal analysis, then it wasn't going anywhere anyway, except to put some money in some lawyers' pockets.