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Iqbal And The Twombly Pleading Standard

Law360 (June 15, 2009, 12:00 AM EDT) -- Celebrating only its second anniversary last month, the Supreme Court’s Bell Atlantic Corp. v. Twombly decision, 550 U.S. 544 (2007), which directly addressed the proper standard for pleading an antitrust conspiracy based on parallel conduct, has already become ubiquitous in federal civil litigation today.

Rare is the case where a defendant does not file the “Twombly motion” decrying the woeful inadequacies of a plaintiff’s pleading. And thanks to Justice Souter, the word “plausibility” has entered into our everyday vernacular as members of the bar.

While Twombly...
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