Twombly's Seismic Disturbances

5 Pages Posted: 12 Aug 2015  

Edward D. Cavanagh

St. John's University - School of Law

Date Written: 2012

Abstract

The Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), has had a seismic impact on federal civil litigation. We all thought the notice pleading concept introduced under the Federal Rules of Civil Procedure had substantially eased the plaintiff’s burden at the pleading stage. The Supreme Court in Twombly said “yes, but,” and emphasized that notice pleading was never intended to dispense entirely with the need to plead facts demonstrating a right to relief. In short, facts matter: Rule 8 of the Federal Rules of Civil Procedure requires a statement of circumstances, events, and occurrences in support of the claim presented.

Suggested Citation

Cavanagh, Edward D., Twombly's Seismic Disturbances (2012). 38 Litigation 6 (Winter 2012); St. John's Legal Studies Research Paper No. 15-0011. Available at SSRN: https://ssrn.com/abstract=2594407

Edward D. Cavanagh (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

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