Iqbal, Twombly, and the Lessons of the Celotex Trilogy

14 Pages Posted: 26 Aug 2010

See all articles by Hillel Y. Levin

Hillel Y. Levin

University of Georgia School of Law

Date Written: February 11, 2010


This Essay compares the Twombly/Iqbal line of cases to the Celotex trilogy and suggests that developments since the latter offer lessons for the former. Some of the comparisons are obvious: decreased access and increased judicial discretion. However, one important similarity has not been well understood: that the driving force in both contexts has been the lower courts rather than the Supreme Court. Further, while we can expect additional access barriers to be erected in the future, our focus should be on lower courts, rather than other institutional players, as the likely source of those barriers.

Keywords: Civil Procedure, Pleading, Twombly, Iqbal, Courts, Law and Society

Suggested Citation

Levin, Hillel Y., Iqbal, Twombly, and the Lessons of the Celotex Trilogy (February 11, 2010). Lewis & Clark Law Review, Vol. 14, No. 1, p. 143, 2010, UGA Legal Studies Research Paper No. 1665115, Available at SSRN:

Hillel Y. Levin (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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