How the Obvious has Become Implausible:
Notice Pleading Becomes the Latest Casualty in the War on Terror

Presenter: Professor Bruce Miller


Supreme Court Review Conference: Important Decisions of the 2008-2009 Term
Sponsored by the Western New England College School of Law
Institute for Legislative and Governmental Affairs
October 3, 2009


List of Principal Cases

1. Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) (dismissing, by 5-4 vote, equal protection challenge to Attorney General's post 9-11 immigration detention policy on the ground that allegations that policy was based on impermissible religion and national origin based discrimination were conclusory and implausible).

2. Haywood v. Drown, 129 S.Ct. 2108 (2009)(invalidating, 5-4, New York statute removing state court jurisdiction over damage claims against state correctional officers as inconsistent with state courts’ Supremacy Clause obligation to hear and decide federal claims under 42 U.S.C. § 1983).

3. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)(granting motion to dismiss in antitrust suit because allegations were too conclusory).

4. Conley v. Gibson, 355 U.S. 41 (1957)(holding that a complaint cannot be dismissed under F.R.C.P. 12(b)(6) unless it appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief).

5. Moss v. U.S. Secret Service, 572 F.3d 962 (9th Cir. 2009) and al-Kidd v. Ashcroft, 2009 WL 2836448 (9th Cir. Sept. 4, 2009)(two 9th Circuit panel decisions applying Ashcroft v. Iqbal and reaching very different results).