We have previously covered on this blog a number of cases testing and defining the contours of Twombly and Iqbal. Some courts, including the Sixth Circuit, have struggled to apply this consistently, although in most cases the question of the application is often tied closely to the specific allegations at hand. Therefore, it is sometimes difficult to ascertain exactly what level of impact Twombly and Iqbal have on particular cases. A cert petition just filed from a case arising out of the Sixth Circuit D’Ambrosio v. Marino poses an intriguing question by expressly asked the Supreme Court to overrule Iqbal. The case is a Section 1983 action arising out of the wrongful conviction of Mr. D’Ambrosio, whose civil case was dismissed for lack of appropriately specific allegations in the complaint. The D’Ambrosio petition squarely asked the Court to overrule Iqbal as out of step with the Supreme Court’s prior precedent, emphasizing the confusion that has been created in the wake of Twombly/Iqbal. So, in light of the importance of this issue to pleadings filed every day in federal court, the obvious question is: does this cert petition stand a chance? Stay tuned. . .