Texas Courts' Rigorous Standards For Well-Pled Complaints

Law360, New York (October 22, 2013, 1:23 PM EDT) -- In Ashcroft v. Iqbal and Bell Atlantic v. Twombly, the U.S. Supreme Court changed the requirements for a well-pled complaint under Federal Rule of Civil Procedure 8.[1] The court replaced the old “conceivable” standard in Conley v. Gibson with a more rigorous standard.[2]

Under the Conley “conceivable” standard, a plaintiff’s complaint was sufficient if the plaintiff alleged facts that made the cause of action conceivable.[3] A complaint must now meet the “plausibility standard” to avoid a dismissal under Rule 12(b)6.[4]

To meet the plausibility standard, the...
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