Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In May 2007, with its decision in Bell Atlantic Corp. v. Twombly , the Supreme Court altered the way federal courts approach motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Since Twombly , the legal standard governing Rule 12(b)(6) motions has frankly been in flux.

In our March article, we addressed whether the Twombly tide might be receding in light of the decision by the 2nd U.S. Circuit Court of Appeals in Starr v. Sony BMG Musical Entertainment . There, the court reversed a Rule 12(b)(6) dismissal invoking Twombly , and held that the allegations were not conclusory and plausibly suggested parallel conduct. The 2nd Circuit found that “at the more limited motion to dismiss stage, a plaintiff need only allege enough factual material (taken as true) to suggest that an agreement was made.” A previous article in July 2008 addressed decisions in the 3rd Circuit holding that Twombly set neither a heightened nor plausibility standard, but a mere reiteration of what Rule 8 already required.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Lean Adviser Legal

Think Lean Daily Message

"A helpful image is the client leaning out of train window while it gathers pace, as you run alongside. Get out the key nuggets first and in order of importance. The rest is waffle that the client doesn t want to hear, read or pay for."

Learn More


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.