The New Rule 12(B) (6): Twombly, Iqbal, And the Paradox of Pleading. - Stanford Law School

The New Rule 12(B) (6): Twombly, Iqbal, And the Paradox of Pleading.

By Stanford Law School

  • Release Date - Published: 2010-03-01
  • Book Genre: Law
  • Author: Stanford Law School
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The New Rule 12(B) (6): Twombly, Iqbal, And the Paradox of Pleading. Stanford Law School read online review & book description:

INTRODUCTION In the aftermath of the Supreme Court's 2007 opinion in Bell Atlantic v. Twombly, (1) judges and civil procedure scholars throughout the country divided on the opinion's significance. In just twenty-four pages, Twombly uprooted the Conley v. Gibson standard for evaluating motions to dismiss a lawsuit under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Under Conley, a court could dismiss a complaint only if it "appear[ed] beyond doubt that the plaintiff c[ould] prove no set of facts in support of his claim which would entitle him to relief." (2) That standard had governed motions to dismiss for fifty years, and embodied the liberal notice-pleading regime envisioned by the framers of the Federal Rules of Civil Procedure. (3) But no more. Faced with a suit alleging that almost every major telephone company had engaged in anticompetitive conduct amounting to an antitrust conspiracy, the Court introduced a new system of "plausibility" pleading designed to curb discovery abuse and weed out frivolous lawsuits. (4) Now, plaintiffs had to include in their complaints "enough factual matter" to "nudge[] their claims across the line from conceivable to plausible...." (5)

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