Approximately a decade ago, the Supreme Court of the United States unexpectedly changed the pleading standard for federal cases with the Twombly and Iqbal decisions. Plausibility pleading replaced the more liberal notice pleading standard endorsed by the Federal Rules of Civil Procedure. Since then, state courts have been faced with a choice to either mirror this change in pleading standards or maintain their commitment to notice pleading. Plausibility pleading has begun to creep into the state court system. Several states have formally changed their pleading standards, while others have declared their commitment to notice pleading. This Article considers the impact of plausibility pleading on the fundamental right of access to the courts, using the Ohio state court system as a case study. The author takes a close look at how the Ohio district courts have (or not) dealt with this issue and offers a recommendation for the future.
Schantz, Danielle Lusardo
"Access to Justice: Impact of Twombly & Iqbal on State Court Systems,"
Akron Law Review: Vol. 51
, Article 12.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol51/iss3/12