Moving Further Away from Notice Pleading

On Monday, the US Supreme Court made clear in Ashcroft v. Iqbal (No. 07-1015) that its new formulation of pleading standards in the Twombley case, has broad application. Arguably, the Court raised the pleading bar even higher, as the Court’s opinion could be read to encourage examination of the surface plausibility of the factual allegations of the complaint, and to allow courts to reject complaints if these factual allegations are deemed too “conclusory.”

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