Post-Twombly, Form 16 Takes On New Significance

Law360, New York (January 14, 2008, 12:00 AM EST) -- The Supreme Court’s May 21, 2007 decision in Bell Atlantic Corp. v. Twombly wrought a sea change in the procedural law governing dismissal motions under Federal Rule of Civil Procedure 12(b)(6), if only because Twombly explicitly retired the 50-year-old rule of Conley v. Gibson that “a complaint should not be dismissed for failure to 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.”

The “no set of...
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