Life after Twombly-Iqbal: How has the law changed?

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