States Are Slow To Embrace Twiqbal

Law360, New York (July 28, 2010, 10:09 AM EDT) -- The U.S. Supreme Court, in Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), (collectively Twiqbal), significantly changed the pleading landscape under the Federal Rules of Civil Procedure.

Twombly rejected the Conley v. Gibson, 355 U.S. 41 (1957), standard that the "short and plain statement" required of a plaintiff is satisfied unless it appears beyond doubt that there is "no set of facts" that the plaintiff can prove in support of the claim. In its place, the Supreme...
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