Adapting Defense Strategy To Twombly Plausibility Standard

By Christopher Cunio, Katharine Dennis and Shauna Twohig (May 8, 2020, 10:41 PM EDT) -- By now, it is old news that in its landmark decisions Bell Atlantic Corp. v. Twombly,[1] and Ashcroft v. Iqbal[2] the U.S. Supreme Court announced a new standard for determining whether a claim is plead sufficiently to survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure: While, under the older, less stringent standard, dismissal was only appropriate if the plaintiff could "prove no set of facts in support of his claim that would entitle him to relief," now under Twombly and Iqbal, a claim should be dismissed if it does not plausibly suggest an entitlement to relief....

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