Sergio J. Campos (Boston College Law School) has posted An Alternative to Iqbal: A Commitment Not to Settle (California Law Review, Vol. 114, pp. 1057-1075) on SSRN. Here is the abstract:
This Essay was prepared for a symposium to recognize the fifteenth anniversary of Ashcroft v. Iqbal. It examines the plausibility standard developed in Iqbal and first articulated in Bell Atlantic Corp. v. Twombly, specifically its objective of discouraging nuisance or in terrorem lawsuits. This Essay explores methods other than heightened pleading to address the problem of nuisance suits and makes the case for one alternative: defendants committing not to settle.
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