What You Need to Know About Twombly: The Use and Misuse of Economic and Statistical Evidence in Pleadings

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David Evans, Jul 30, 2009

In Bell Atlantic v. Twombly the Supreme Court clarified what plaintiffs must plead for their complaints to pass muster. It retired the Conley rule that a court should not dismiss a complaint unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” The new rule is based on whether the complaint states a set of fac