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H.R.4115: Open Access to Courts Act of 2009
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| H.R.4115 (111th Congress) - Open Access to Courts Act of 2009 | Status: Introduced |
To amend title 28, United States Code, to provide a restoration of notice pleading in Federal courts, and for other purposes.
Sponsor: Rep. Jerrold Nadler [D, NY-10]Committees: House Judiciary, House Judiciary - Courts and Competition Policy
| Article summary (how summaries work) | |
"The official summary is incorrect.*
Under the bill, a judge could only grant a 12(b)(6), (c) or (e) motion to dismiss if no set of facts supported the allegations in the plaintiff's pleading. The bill would prohibit the judge to dismiss a case because it was implausible or because it failed to raise the inference that the defendant would be liable for the alleged misconduct. This bill is a reaction to the recent Supreme Court decisions in Iqbal and Twombly. |
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H.R.4115: Open Access to Courts Act of 2009 - OpenCongress Wiki
