In 2014, Plaintiffs Gained Some Ground Lost After Twombly

Law360, New York (December 16, 2014, 10:00 AM EST) -- Every case, and every motion within a case, will turn on which side tells the better story. With Twombly motions, the plaintiff’s story is that they have sniffed out the smoke of a clandestine conspiracy and need discovery to expose the details; while defendants paint themselves as a convenient deep pocket target for a treble damage shakedown. The stories are weaved around the pleading standards set forth in Bell Atlantic v. Twombly, which tightened the standard on a motion to dismiss from one of relative permissibility (notice pleading) to a requirement that plaintiffs’ allegations state a claim to relief that is...

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