'Twiqbal' vs. 1400 Asbestos Plainitffs
“Twiqbal” has become a very real creature – one born of two cases involving federal pleading standards: Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. Just the mention of Twiqbal sends shivers down plaintiffs lawyers’ spines while at the same time comforting defense lawyers in a way akin to drinking a warm glass of milk before bedtime.
Yesterday, however, in In re Asbestos Litigation, the mighty Twiqbal took a two-by-four to the back of its head when the Eastern Division of Pennsylvania summarily denied a motion to dismiss 1,400 suits alleging asbestos related injuries. Thomas v. American Standard, Inc. et al. USDC ED PA 2:06-cv-60935. How much did the denial hurt the mighty Twiqbal? Probably not that much given there was no opinion or reasoning offered by the court - but it has to sting.