The effect of Ashcroft v. Iqbal on pleadingstandardsandbehavior is a source of significant legal debate. This article serves as a follow-up to Professor Moore's 2010 empirical study on Iqbal's effect on courts' rulings on motions to dismiss complaints for failure to state a claim under Rule12(b)(6) of the Federal Rules of Civil Procedure. Professor Moore's previous study found a statistically significant increase in the likelihood that a court grants a 12(b)(6) motion with leave to amend following Iqbal. In this article, Professor Moore updates and increases the pool of cases in her database. The updated data reveals several empirical trends. First, the current study finds a statistically significant increase under Iqbal in the likelihood that a court will grant a12(b)(6) motion without leave to amend, as compared to denying the motion. Second, following Iqbal, courts are now more likely to entirely dismiss cases through the grant of a12(b)(6) motion. And third, the study confirms that constitutional civil rights cases are particularly affected under the courts' application of Iqbal.
Patricia H. Moore,
An Updated Quantitative Study of Iqbal's Impact on 12(b)(6) Motions,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol46/iss2/6