The Yale Law Journal

Jonah B. Gelbach


Locking the Doors to Discovery? Assessing the Effects of Twombly and Iqbal on Access to Discovery

Jonah B. Gelbach

121 Yale L.J. 2270 (2012).

Many observers believe the Supreme Court’s Twombly and Iqbal opinions have curtailed access to civil justice. But previous empirical studies looking only at Rule 12(b)(6) grant rates have failed to capture the full effect of these cases because they have not accounted for …