4th Circ. Ruling Shows 'Plausibility' Is A Rorschach Test

Law360, New York (March 11, 2016, 11:04 AM EST) -- Every litigator knows the standard for a motion to dismiss by heart: A plaintiff must allege sufficient facts, as opposed to legal conclusions, to “raise a right to relief above the speculative level” and push the claim “across the line from conceivable to plausible.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). This “plausibility” test is one of the most heavily cited U.S. Supreme Court passages since it was first articulated by the court in 2007. While everyone cites the same language, there is often...
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