Challenging Insurer Misconduct Allegations

Law360, New York (July 11, 2011, 10:54 AM EDT) -- In Bell Atlantic v. Twombly[1] and Ashcroft v. Iqbal,[2] the United States Supreme Court replaced the 50-year-old pleading standard established by Conley v. Gibson with a more exacting test for what constitutes a well-pleaded complaint under Federal Rule of Civil Procedure 8. Under Twombly and Iqbal, a complaint that establishes the mere possibility of recovery will no longer suffice. To avoid dismissal under Federal Rule of Civil Procedure 12(b)(6), a complaint must now include sufficient factual allegations to “nudge [the plaintiff’s] claims across the line from...
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