Probability, Confidence, and Twombly's Plausibility Standard

Luke Meier

Baylor University - Law School

January 29, 2014

68 SMU Law Review 331 (2015)

This Article offers a fresh perspective on the pleading standard of plausibility. The consensus regarding plausibility is that it requires a judge to determine the probability of the plaintiff’s allegations. This perspective has led to much of the criticism of the plausibility standard. In reality, plausibility requires a judge to perform an analytically distinct inquiry, which I term a confidence analysis. Recognizing this fact does not immunize plausibility from all of the criticism it has received. It does, however, clarify the analysis required under the standard, which should alleviate many of the concerns associated with plausibility.

Number of Pages in PDF File: 54

Keywords: Twombly, Iqbal, Tellabs, plausibility, plausible, probability, confidence, PSLRA, pleading, 7th Amendment, Suja Thomas, Luke Meier

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Date posted: May 30, 2013 ; Last revised: January 15, 2016

Suggested Citation

Meier, Luke, Probability, Confidence, and Twombly's Plausibility Standard (January 29, 2014). 68 SMU Law Review 331 (2015). Available at SSRN: https://ssrn.com/abstract=2271802 or http://dx.doi.org/10.2139/ssrn.2271802

Contact Information

Luke Meier (Contact Author)
Baylor University - Law School ( email )
Sheila & Walter Umphrey Law Center
1114 South University Parks Drive
Waco, TX 76706
United States
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