Sunday, July 15, 2007
Posted by D. Daniel Sokol
Civil procedure expert Scott Dodson of the University of Arkansas - School of Law weighs in on Twombly in the most recent onlime compansion to the Virginia Law Review. His piece is titled Pleading Standards after Bell Atlantic v. Twombly.
ABSTRACT: In Bell Atlantic Corp. v. Twombly, the Supreme Court repudiated the familiar language from Conley v. Gibson, that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitled him to relief. This essay critiques Bell Atlantic and discusses some of its implications for pleading claims in the future.