Bell Atlantic v. Twombley


550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)

In an anti-trust case in which the Court evaluated the appropriate standard for courts to apply when considering motion to dismiss, it rejected the old and troublesome “no set of facts” standard that required courts to deny motions to dismiss unless there was “no set of fact” upon which a plaintiff could prevail. It was replaced by a new standard of “plausibility.”  The proper standard is that a complaint, to survive a motion to dismiss, must contain sufficient facts to “state a claim to relief that is plausible on its face.”  Id. at 570. The court, in determining whether a complaint meets the standard, must “draw on its judicial experience and common sense,” and where the court can only infer the mere possibility of misconduct, the motion to dismiss should be granted. Aschroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

For more information, please contact David B. Honig at or (317) 977-1447.