The Second Circuit today sent the Ashcroft v. Iqbal decision (latest post here) back to the Southern District of New York, instructing Judge Gleeson to rule on whether to allow plaintiff Javaid Iqbal leave to amend his complaint. The opinion says:
PER CURIAM:
On May 18, 2008, the Supreme Court of the United States reversed and remanded a June 14, 2007 judgment of this Court, in which we affirmed in part and reversed in part a September 27, 2005 Order of the District Court for the Eastern District of New York (John Gleeson, Judge). See Ashcroft v. Iqbal, 129 S. Ct. 1937, 1954 (2009); Iqbal v. Hasty, 490 F.3d 143, 177 (2d Cir. 2007); Elmaghraby v. Ashcroft, No. 04 CV 1409, 2005 U.S. Dist. LEXIS 21434, 2005 WL 2375202 (E.D.N.Y. Sept. 27, 2005). The Supreme Court held that, under Rule 8 of the Federal Rules of Civil Procedure, plaintiff Javaid Iqbal’s complaint “has not ‘nudged his claims’ of invidious discrimination ‘across the line from conceivable to plausible.’” Ashcroft v. Iqbal, 129 S. Ct. at 1951 (brackets omitted) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The Supreme Court further instructed that, on remand, “[t]he Court of Appeals should decide in the first instance...
