US Supreme Court Watch: Bell Atlantic v. Twombly
Ohio Business Law Journal
twombly, Fed. Civ. R. 8, civil rule 8, complaint, failure to state a claim, sufficiency of pleading, plausibility, antitrust
Dismissal of a federal complaint, for failure to state a claim, could only be allowed if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim..." Then along came Twombly. Bell Atlantic v. Twombly, 127 S.Ct. 1955 (2007) is a case that involves complex, federal, antitrust class action. To most scholars, Twombly has important implications for antitrust litigators. And, it may also be part of a pattern reflecting closer judicial scrutiny of other complex litigation or class action complaints filed in federal court, and perhaps even in state court. Indeed, it may result in a new balance in the tension between the objective of providing meaningful court access to plaintiffs, and the goal of preventing discovery abuse to coerce settlements.
Arthur R. Landever, US Supreme Court Watch: Bell Atlantic v. Twombly, 2 Ohio Business Law Journal 17 (2007)