Liberalizing Rule 27 in the Twombly/Iqbal Era

Law360, New York (November 11, 2009, 7:25 PM EST) -- For fifty years, the accepted pleading standard, set forth in the 1957 decision of Conley v. Gibson, was that no complaint should be dismissed for failing to properly state a claim ‘“unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’”[1]

Conley was premised on Rule 8’s requirement that a plaintiff plead a “short and plain statement of the claim showing that the pleader is entitled to relief...”[2]

However, in 2007,...
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