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Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery

46 Pages Posted: 28 Apr 2009 Last revised: 8 Feb 2010

Andrew Blair-Stanek

University of Maryland Francis King Carey School of Law

Date Written: Jan 1, 2010

Abstract

The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for evaluating motions to dismiss in favor of an amorphous “plausibility” standard. This Article argues that Twombly was not revolutionary but simply part of the Court’s ever-expanding application of the familiar three-factor Mathews v. Eldridge test. Misused discovery can deprive litigants of property and liberty interests, and in some cases Mathews requires the safeguard of dismissing the complaint. This Article’s insight explains Twombly’s origins and structure, while also suggesting a source for lower courts to draw on in developing post-Twombly jurisprudence.

Keywords: Twombly, Mathews v. Eldridge, discovery, pleading, procedural due process

Suggested Citation

Blair-Stanek, Andrew, Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery (Jan 1, 2010). Florida Law Review, Vol. 62, January 2010. Available at SSRN: https://ssrn.com/abstract=1395057

Andrew Blair-Stanek (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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