“After scores of appellate and district court decisions, consensus on the precise application of the decisions–from Twombly to Iqbal–remains unclear.”
Beginning with Bell Atlantic v. Twombly and continuing in Ashcroft v. Iqbal, the US Supreme Court changed the interpretation of the pleading standard that had been in use in federal court for 50 years. Although it is now clear that the plausibility standard applies in all cases, confusion and controversies exist as to what the standard means in practice. John S. Summers and Michael D. Gadarian provide practice pointers for attorneys in the wake of the new plausibility standard.
This article was originally published in Litigation, a publication of the American Bar Association.Share This Read the Article