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Supreme Court Announces Minimum Pleading Requirements And Broader Authority For Dismissal Of Deficient Claims.

Publication: Mondaq Business Briefing
Publication Date: 27-JUN-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Supreme Court Announces Minimum Pleading Requirements And Broader Authority For Dismissal Of Deficient Claims.(Bell Atlantic v. Twombly )

Article Excerpt
In a 7-2 vote last month, the United States Supreme Court announced that federal court plaintiffs would be required to state enough facts to state a claim for relief that is "plausible," not merely "conceivable," to survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Bell Atlantic v. Twombly (May 21, 2007). Although Justice Souter, writing for the Court, disclaimed any intent to require "heightened fact pleading of specifics," the ruling is likely to provide district courts with expanded authority to dismiss sparsely pleaded claims.

The Bell Atlantic decision stems from an antitrust action brought on behalf of a class of local...

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