Federal Pleading After Twombly And Iqbal

Law360, New York (August 21, 2009, 12:04 PM EDT) -- Please raise your hand if you think Federal Rule of Civil Procedure 8(a)(2) simply requires that a claim for relief must contain a “short and plain statement of the claim showing an entitlement to relief.”

Well, not so fast. Rule 8(a)(2) has not changed — same black on white in the pages of the federal rules as always — but two recent Supreme Court cases, Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937 (2009), put...
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