Lowering the Raised Bar

November 17, 2009

In Bell Atlantic Corp. v. Twombly, the U.S. Supreme Court held that in order to survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Subsequently, the Court issued Ashcroft v. Iqbal, which confirmed and made more exacting the "plausibility" standard. Attorneys Joseph G. Falcone and Morghan Richardson discuss pending federal legislation that seeks to undo the holdings of Twombly and Iqbal.