New standard for MTD (Motion to Dismiss)

[nascar]

This will require some reading;

In addressing a motion to dismiss under Federal Rule of Civil Procedure 12((6), the Court must follow the new standard of review articulated by the United States Supreme Court in Bell Atlantic Corp. v. Twombley, 127 S.Ct 1955 (May 21, 2007).

The Supreme Court determined that the standard set forth in Conley v. Gibson, 355 U.S 41, 45-46 (1957), “that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [her] claim which would entitle [her] to relief[,]” has “earned its retirement.” Twombly, 127 S.Ct at 1968, 1969.

The Supreme Court held that a viable complaint must now include “enough facts to state a claim to relief that is plausible on its face.” Id. at 1974. That is, “[f]actual allegations must be enough to raise a right to relief above the speculative level....” Id. at 1965. The new standard is not a “heightened fact pleading” requirement, but “simply calls for enough fact to raise a reasonable expectation that discovery will reveal evidence of [the claim].” Id. at 1965, 1974. Hogue v. Palisades Collection, LLC, Slip Copy 2007 WL 1892938 (S.D.Iowa, 2007).

[divemedic]

Wow. That sucks. I am not liking this court at all.

http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf

[IHateCAs]

My first reaction is I see no problem with this.

[girlfromga]

I'm blonde I don't get it could someone translate in regular people talk

[divemedic]

What it means is that a JDB can sue you, and immediately file for MSJ under the rules of procedure. The bar to obtain a summary judgment in fed court is now much lower.

It seems to me that the first party to file the MSJ/MSD is the winner.

[girlfromga]

That is what Fred Hanna did to me it was like being hit by a truck. I got served and before I got a court date they had applied for the summary judgement. Which they won.

[nascar]

My first reaction is I see no problem with this.

I believe this will result in more dismissals for weakly formulated complaints. All things considered, this may be a good thing.