Friday, September 7, 2012

11th Circuit Tackles Inchoate Iqbal Pleading Standard!


Careful readers know I have a obsession with fondness for certain people and issues that the blog tends to return to again and again -- or maybe I'm just out of material?

Anyways, I'm happy to see the 11th Circuit clarify the Iqbal pleading standard in an opinion reversing Judge Graham, who granted a 12(b)(6) motion on those grounds.

Let's see if you can tell what particular (and tragic) factual allegations really tipped the scales in favor of allowing the case to proceed past the initial stages of a motion to dismiss, as opposed to being gone for all eternity:
Appellants’ complaint alleges the following: a Carnival employee encouraged Appellants to visit Coki Beach in St. Thomas; Carnival was familiar with Coki Beach because it sold excursions there; Carnival generally knew of gang violence and public shootings in St. Thomas; Carnival knew of Coki Beach’s reputation for drug sales, theft, and gang violence; Carnival knew or should have known of the gang member’s shooting and funeral taking place near Coki Beach; Carnival failed to warn Appellants of any of these dangers; Carnival knew or should have known of these dangers because Carnival monitors crime in its ports of call; Carnival’s negligence in encouraging its passengers to visit Coki Beach and in failing to warn disembarking passengers of general and specific incidents of crime in St. Thomas and Coki Beach caused Liz Marie’s death; and Appellants have suffered various damages, including the loss of Liz Marie’s life. This negligent failure-to-warn claim is more than a mere recitation of the elements of the cause of action. The facts alleged in the complaint are plausible and raise a reasonable expectation that discovery could supply additional proof of Carnival’s liability. See Twombly, 550 U.S. at 556, 127 S. Ct. at 1965. We consequently conclude that the district court erred in dismissing Appellants’ negligence claim under Iqbal.
See, it's like art or pornography (or pornographic art) -- you just know it when you see it!

Congrats to Phil Parrish on a big win -- now you get to litigate your case and try to prove up some of these allegations (the ruling on duty to warn should help).

Have a great weekend!

8 comments:

Anonymous said...


melanie damian,the two young patriotic israeli women,steely dan,
spenser whatshisname, the 3d DCA, retired magistrate Brown, Iqbal, Gray Rob, melanie damian, pleading standards, glenn garvin

Anonymous said...

Nazis, comic books, bo derek, old movies, professionalism, melanie damien

Anonymous said...

the princess

Anonymous said...

KLUGER

Anonymous said...

Willy wonka

Anonymous said...

gin gibsons

GB said...

Julie Andrews.

Seriously.

Anonymous said...

It was always about Julie Andrews.