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Pleading Standards After Iqbal and Twombly
The U.S. Supreme Court’s decisions in Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal nearly eviscerate the notice pleading standards that had long been assumed to govern complaints filed in federal court. To survive defendants’ motions to dismiss, complaints must now be much more specific, requiring the pleading of facts that many plaintiffs will find difficult to uncover in advance of discovery. Advocates should familiarize themselves with these decisions and certain practice tips.
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- Gary F. Smith et al., The Supreme Court's 2008-2009 Decisions on Court Access: The March to the Right Continues (Nov.-Dec. 2009)
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