The Demise Of Rule 84 And The Unleashing Of Twombly

Law360, New York (July 8, 2016, 11:55 AM EDT) -- Alexander Chen

Omid Shabani In light of the abrogation of Rule 84 and Form 18 as of Dec. 1, 2015, several district courts have been presented with a novel issue as to the proper application of the plausibility requirement of Federal Rule of Civil Procedure 8(a), as explained by the U.S. Supreme Court decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and further by Ashcroft v. Iqbal, 556 U.S. 662 (2009).[1]

As such, while the proper application of the Supreme Court decisions in Twombly and Iqbal are being hashed out in the various district and appellate courts around...

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