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Levin on Iqbal/Twombly & the Celotex Triology

By Lawrence Solum

Hillel Y. Levin (University of Georgia Law School) has posted Iqbal, Twombly, and the Lessons of the Celotex Trilogy (Lewis & Clark Law Review, Vol. 14, No. 1, p. 143, 2010) on SSRN. Here is the abstract:

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.

Full post as published by Legal Theory Blog on August 27, 2010 (boomark / email).