Iqbal and Twombly’s plausibility standard is to put it colloquially, clear as mud. As with many other gray legal standards, it allows for significant differences of opinion over what is or is not enough in a Complaint to state a claim. This leads to lengthy detailed complaints both more time consuming to draft and time consuming to answer. And when responding to complaints, attorneys uncertain whether the nebulous standard has been met feel compelled to err on the side of caution and file motions to dismiss. Employment claims, that are rarely based on direct evidence of a violation, create significant opportunities for arguing about what facts do or do not plausibly suggest discrimination occurred. Given that courts are heavily inclined to allow plaintiffs opportunities to amend their complaints at least once, the pleadings stage of employment litigation can last months and cost the parties significant fees. This session will discuss decisions interpreting Iqbal and Twombly in employment litigation with an eye toward providing some clearer guidelines regarding pleading that should lessen the burdens of both plaintiffs and defendants at the outset of litigation.
Charles Steigler, Stiegler Law Firm, L.L.C.
Edward F. Harold, Fisher & Phillips, LLP, NOBA Labor & Employment Law Chair
Wednesday, October 20, 2021
12:00 pm - 1:00 pm
Live Zoom Webinar
1 hour of CLE credit
NOBA member discount (Zoom Webinar): $20.00
Non-member price (Zoom Webinar): $40.00
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5. Contact NOBA at (504) 525-7453
6. Email Briana Nelms
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