In 2007, the
United States Supreme Court dismissed an antitrust class action
because it did not meet the pleading standard under Federal Rule of
Civil Procedure 8.1. Specifically, Bell Atlantic Corp. v.
Twombly held that the complaint failed because it did not contain
sufficient factual matter which, if accepted as true, would
"state a claim to relief that is plausible on its face."
On May 18, 2009, the Supreme Court held in Ashcroft v. Iqbal that
Twombly's "plausibility" standard applies to all
complaints asserting claims in federal court.
With this key
question answered, additional questions arise:
plaintiffs' counsel comply with the new standard?
counsel move more often to dismiss?
CLE will cover the federal "plausibility pleading"
standard under Twombly and Iqbal with a focus on how these cases
are being applied in the Western District of Washington to motions
under Rule 12(c), and to counterclaims. A Q&A session will
Hon. Ricardo S.
District Court - Western District of WA
Hon. Ricardo S.
Martinez graduated from Lynden High School. He received his
Bachelor of Science degree from the University of Washington in
1975, and his Juris Doctorate degree from the University of
Washington School of Law in 1980. His family was one of the first
Latino families to stay in Whatcom County year-round, instead of
simply living there during the seasons for picking crops and
working the fields as most other migrant families did. He was the
first person in his family to graduate from high school, and the
first to attend college. He currently serves as a United States
District Judge for the Western District of Washington. He was
nominated by President Bush on October 12, 2003, and confirmed by
the Senate on June 15, 2004. He had previously served as a U.S.
Magistrate Judge for the Western District of Washington for six
years and as a King County Superior Court Judge for nine years.
While a judge in Superior Court, he was responsible for setting up
the first Drug Diversion Court in Washington State. Prior to
becoming a judge, he worked as a prosecutor in the King County
Prosecuting Attorney's Office.