07/03/2009 05:12 am ET Updated May 25, 2011

Terrorism Ruling May Help Corporate Defendants Win Early Dismissals

A recent U.S. Supreme Court decision on a terrorism suspect's constitutional claims may help commercial defendants obtain pre-discovery dismissals of claims against them. The Court's May 18 decision in Ashcroft v. Iqbal, No. 07-1015, should make it easier for defendants to win motions to dismiss commercial cases, especially in cases involving seemingly weak or speculative claims or where allegations of the defendant's knowledge or intent play a critical role.