HOW THE CHANGE IN LAW MATTERS
Consider Iqbal‘s facts, analyzed under both Conley and Twiqbal.
Conley |
Twiqbal |
|
Fair notice in Iqbal? |
Satisfied. From the allegations, Ashcroft and Meuller are aware that they are being sued for discrimination based on race, religion, or national original arising from Iqbal’s detention. Indeed, they are vigorously defending. |
Still satisfied. Same analysis as to the left. |
The needed “showing” in Iqbal? |
Satisfied. Why? See opinion and below. Note that the District Court found that the Conley standard was met. |
Unsatisfied. Why? See opinion and below. |
ANOTHER WAY OF VISUALIZING THE DIFFERENCE
Posted Nov. 14, 2015