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30 Nov 2009, 8:05 am
Braden v. [read post]
18 May 2009, 9:19 am
The decision sharpens and refines the heightened standard for a Rule 12(b)(6) motion articulated by the Court in Bell Atlantic Corp. v. [read post]
6 Aug 2009, 6:50 am
Since we're dealing only with Twombly/Iqbal dismissals here, we're not getting into fraud or consumer fraud, since those claims are not governed by Rule 8 - what Twombly/Iqbal construes - by rather under the tougher Rule 9(b) standard requiring fraud to be pleaded with "particularity. [read post]
19 Jul 2010, 11:56 am
Iqbal, 129 S. [read post]
12 Jan 2010, 2:25 am
Iqbal, 129 S. [read post]
25 Jan 2013, 11:48 am
Iqbal, 556 U.S. 662, 679 (2009).The first year Civ Pro case of Conley v. [read post]
28 Aug 2013, 8:57 pm
Pro. 12(b)(6) for failure to state a legally cognizable claim. [read post]
23 May 2009, 4:05 am
Iqbal (No. 07-1015, May 18, 2009). [read post]
24 Apr 2012, 2:13 pm
("Nestlé") moved pursuant to Rule 12(b)(6) to dismiss Plaintiff Network Signatures, Inc.'s ("NSI") infringement claims under Bell Atlantic Corp. v. [read post]
9 Jan 2013, 5:45 am
Twombly and Ashcroft v. [read post]
4 Jan 2019, 4:15 am
Iqbal, 556 U.S. at 678. [read post]
3 Dec 2009, 2:29 am
The standard for getting past a 12(b)(6) Motion in federal court in North Carolina inched higher yesterday with the Fourth Circuit's decision in Francis v. [read post]
18 Feb 2010, 7:58 am
Iqbal, 129 S.Ct. 1937 (2009). [read post]
14 Aug 2009, 1:05 am
Although even the academic critics of Twombly/Iqbal have agreed with us that vague "you violated the FDCA" pleadings should not survive a motion to dismiss, apparently there are still lawyers on the other side who think they should be able to get away with violation claims that do not identify what statute/rule/regulation was supposedly violated.Thus, in Chappey v. [read post]
18 Aug 2010, 8:49 am
As our own Ken Odza recently blogged, the plausibility pleading standard articulated by the Supreme Court in the Iqbal and Twombly cases resulted recently in the FRCP 12(b)(6) dismissal of misrepresentation claims against Unilever. [read post]
28 May 2009, 11:26 am
Iqbal, 2009 WL 1361536 (U.S. [read post]
21 Jul 2009, 5:27 pm
The Times quotes Stephen B. [read post]
26 Feb 2010, 2:25 pm
In this Article, I argue that even if Rule 12(b)(6) of the Federal Rules of Civil Procedure does and should contain such a plausibility standard, the application of that standard to Iqbal's allegations is utterly unpersuasive. [read post]
21 Jan 2010, 8:11 am
A potentially easier solution, until courts began using Iqbal to dismiss simple slip-and-fall cases that used complaints largely modeled on Form 11. [read post]
