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eBook details

• Title: Twombly and Iqbal: The Latest Retreat from Notice Pleading.
• Author : Suffolk University Law Review
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 435 KB

Description

I. Introduction In May of 2007, the Supreme Court issued its opinion in Bell Atlantic Corp. v. Twombly (1) that literally revolutionized the standard for determining the legal sufficiency of a complaint. In that decision, which Justice Souter wrote for the majority, the Court abandoned the fifty-year-old "no set of facts" standard set out in Conley v. Gibson, (2) and substituted a "plausibility" standard. Some two years later, in May of 2009, the Court handed down Ashcroft v. Iqbal, (3) a case that provided the Court the opportunity of reaffirming and clarifying Twombly and in which the Court extended the Twombly standard to all civil cases filed in the federal district courts. Significantly, this time, in Iqbal, Justice Souter dissented. (4) This article will examine the impact of these two decisions on the concept of notice pleading and on motions to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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