Cahill Logo

Firm Memoranda

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.

CGR_Memo - Bell Atlantic v Twombly.pdf (pdf | 28.12 KB )