On September 22, 2010, the United States Court of Appeals for the Third Circuit filed its opinion on a multi-million dollar class action case in which it cited Professor Robin Effron’s article.
To underscore its central argument, the court quoted Effron’s article in which she argued that the new pleading cases of Twombly and Iqbal were leading courts to apply the heightened pleading standards to contexts outside of the 12(b)(6) motion to dismiss. The Third Circuit wrote: We perceive an even more fundamental problem with the application of a Rule 12(b)(6) standard here: i.e., it is not clear to what pleading the Court should have applied that standard. Cf. Robin J. Effron, The Plaintiff Neutrality Principle: Pleading Complex Litigation in the Era of Twombly and Iqbal, 51 Wm. & Mary L. Rev. 1997, 2022 (2010) (“The procedural differences between a Rule 12(b)(6) motion to dismiss and a Rule 23 certification proceeding . . . indicate that there would be some practical problems in applying the Twombly/Iqbal [plausibility] standard in the class certification context. Namely, to what documents would the standard apply?”).