H.R.4115: Open Access to Courts Act of 2009

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To amend title 28, United States Code, to provide a restoration of notice pleading in Federal courts, and for other purposes.
Sponsor: Jerrold NadlerCommittees: House Committee on the Judiciary - Courts, Intellectual Property, and the Internet, House Committee on the Judiciary

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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