Get In, Get Out: Federal Court More Corporation-accessible and Defendant-friendly

The United States Supreme Court has handed corporate defendants a potentially lethal one-two punch to knock out plaintiff’s claims.

In May 2009, the Supreme Court decided Ashcroft v. Iqbal, a case that effectively gave federal district court judges much broader leeway to dismiss claims at the outset of a case if they do not think the plaintiff had set forth a “plausible” basis to prevail. Of course, defendants in state court received no benefit from that ruling, since the Supreme Court’s decision only applies in federal court.

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