Pleading Standards after Bell Atlantic v. Twombly
University of California Hastings College of the Law
April 5, 2010
Virginia Law Review in Brief, Vol. 93, p. 135, 2007
In Bell Atlantic Corp. v. Twombly, the Supreme Court repudiated the familiar language from Conley v. Gibson, that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitled him to relief. This essay critiques Bell Atlantic and discusses some of its implications for pleading claims in the future.
Number of Pages in PDF File: 9
Keywords: pleading, motion to dismiss, Rule 8, Rule 12, 12(b)(6), Bell Atlantic, Twombly, Gibson, Conley, no set of facts
Date posted: July 12, 2007 ; Last revised: November 12, 2012