Twombly, Iqbal And The Prisoner’s Pleading Dilemma

Law360, New York (October 20, 2009, 1:05 PM EDT) -- Rule 8 of the Federal Rules of Civil Procedure requires that a complaint contain a “short and plain statement of the claim showing that the pleader is entitled to relief.”[1] But does it?

In its May 2007 decision in Bell Atlantic Corp. v. Twombly,[2] the U.S. Supreme Court gutted 50 years of established legal precedent and judicially amended Rule 8’s “short and plain” requirement.

Twombly expressly overruled the oft-quoted language from the 1957 decision in Conley v. Gibson that no complaint should be dismissed for failing...
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