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Bell Atlantic v. Twombly: Supreme Court Rejects Decades Old Pleading Formulation


Date: 05/22/07

In Bell Atlantic Corp. v. Twombly, the Supreme Court rejected language it adopted fifty years ago - in the often-cited 1957 Conley v. Gibson case - to lay out the standard for a pleading sufficient to survive a motion to dismiss under Rule 12(b)(6). The decision reversed a Second Circuit decision that had itself overturned an order dismissing an antitrust complaint.

This memorandum is for general information purposes only and is not intended to advertise our services, solicit clients or represent our legal advice.

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Related Attorneys: Elai Katz, Dean Ringel,

Related Practices: Antitrust & Trade Regulation, Litigation