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Ashcroft V. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores

Nebraska Law Review, Vol. 88, No. 2, p. 261

24 Pages Posted: 15 Jul 2009 Last revised: 8 Nov 2015

Kenneth S. Klein

California Western School of Law

Date Written: 2009

Abstract

Over the course of the last two centuries, the realities of modern civil litigation and the traditional interpretation of the Seventh Amendment have been on a collision course. The recent Supreme Court Opinion in Ashcroft v. Iqbal, heightening the pleading standards under Rule 8, is the point of impact. The thesis of this Article is that while the Iqbal Opinion fails even to acknowledge a potential conflict with the Seventh Amendment, the decision interprets Rule 8 in a manner that is unconstitutional when measured against the traditional interpretation of the Seventh Amendment.

Keywords: Iqbal, pleading standards, civil procedure, Seventh Amendment

JEL Classification: K41

Suggested Citation

Klein, Kenneth S., Ashcroft V. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores (2009). Nebraska Law Review, Vol. 88, No. 2, p. 261. Available at SSRN: https://ssrn.com/abstract=1432287

Kenneth S. Klein (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States
619-515-1535 (Phone)

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