Life after Twombly-Iqbal: How has the law changed?

Conley

Twiqbal

Fair notice

Required (p. 443)

Still required

The needed “showing”

Possibility pleading (p. 427):

“[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 entitle him to relief”

Plausibility pleading:

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”