A bill to restore the law governing pleading and pleading motions that existed before the decisions of the Supreme Court of the United States in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009).
Notice Pleading Restoration Act of 2010 - States that the law governing a dismissal or striking of all or any part of a pleading containing a claim for failure to state a claim, indefiniteness, or insufficiency or a judgment on the pleadings shall be in accordance with the Federal Rules of Civil Procedure as interpreted by the Supreme Court in decisions issued before May 20, 2007, except as provided expressly by an Act of Congress enacted before, on, or after enactment of this Act, including the Private Securities Litigation Reform Act of 1995. (Thus finds Bell Atlantic Corp. v. Twombly, decided on May 21, 2007, and Ashcroft v. Iqbal to be inconsistent with the Federal Rules of Civil Procedure and finds further that the appropriate procedure for disposing of factually unmeritorious claims is summary judgment as the Supreme Court held in Swierkiewicz v. Sorema N.A. and Leatherman v. Tarrant County.)
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11037-11038)
Read twice and referred to the Committee on the Judiciary.
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