The Forbes law blog thinks they might be:
The Supreme Court may announce as early as Monday that it plans to revisit the controversial issue of pleadings standards under Rule 8 of the Federal Rules of Civil Procedure.
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Critics of Iqbal respond that unless they can get past the pleadings stage and engage in discovery, they have no way of proving that senior officials were directly involved.
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If the Court takes any action on Ashcroft’s petition at Friday’s conference, it will announce its decision on Monday.
I’m not hopeful that the current makeup of the Court will overrule Twombly and Iqbal. Nor am I hopeful that any court can give an objective test to determine whether an allegation is “plausible” or not. Several years ago, an allegation that Bernie Madoff was running a multibillion-dollar Ponzi scheme wasn’t plausible, but it was factually true.