Pleading Standards after Bell Atlantic v. Twombly

Abstract

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.

Keywords: pleading, motion to dismiss, Rule 8, Rule 12, 12(b)(6), Bell Atlantic, Twombly, Gibson, Conley, no set of facts