Gatekeeper’s New Tool: Heightened Pleading Standards

Law360, New York (October 1, 2009, 1:39 PM EDT) -- In the last few years, there has been a shift away from liberal notice-pleading standards to a more stringent pleading standard led by the United States Supreme Court in its 2007 decision styled Twombly v. Bell Atlantic, 127 S. Ct. 1955 (2007).

In Twombly, the Supreme Court weighed in on the requirements associated with the traditionally relaxed notice-pleading standard of Rule 8 of the Federal Rules of Civil Procedure. Pursuant to Twombly, a complaint must provide sufficient “facts to state a claim to relief that is...
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