HOW HAS THE LAW CHANGED?
Conley |
Twiqbal |
|
Fair notice |
Required (p. 443) |
Still required |
The needed “showing” |
Possibility pleading (p. 427): “[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief” |
Plausibility pleading: “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” |
Posted Nov. 14, 2015