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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.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). In so doing, the Court described as “best forgotten” and “incomplete” (see id. at 563) the less stringent standard set forth in Conley v. Gibson, with which federal courts have grappled since 1957 and which provided 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 entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 (1957). Subsequently, the Court issued Ashcroft v. Iqbal, which confirmed and made more exacting the “plausibility” standard set forth in Twombly. See Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). Now, pending federal legislation seeks to undo the holdings of Twombly and Iqbal by requiring federal courts to return to the Conley standard when confronting motions to dismiss.

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