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- Title
THE NEW RULE 12(B)(6): TWOMBLY, IQBAL, AND THE PARADOX OF PLEADING.
- Authors
Kilaru, Rakesh N.
- Abstract
The author comments on Rule 12(b)(6) of the U.S. Federal Rules of Civil Procedure and pleading in U.S. Supreme Court cases Bell Atlantic versus Twombly and Ashcroft versus Iqbal. He discusses the types and process of plausibility in both cases. He outlines the effects of the cases on pleading standards. On the significance of Iqbal to civil rights cases, the author says that it undermines the rulings in Pullman-Standard versus Swint and Crawford-El versus Britton.
- Subjects
UNITED States; CIVIL procedure; BELL Atlantic Corp. v. Twombly; ASHCROFT v. Iqbal; PLAUSIBILITY (Logic); PLEADING; CRAWFORD-El v. Britton (Supreme Court case); UNITED States. Supreme Court
- Publication
Stanford Law Review, 2010, Vol 62, Issue 3, p905
- ISSN
0038-9765
- Publication type
Opinion