Bell Atlantic v. Twombly and Iqbal

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
Mr.Feeny
Posts: 58
Joined: Tue Aug 11, 2009 1:59 am

Bell Atlantic v. Twombly and Iqbal

Postby Mr.Feeny » Fri Apr 29, 2011 8:23 pm

I just wanted to clarify: do these two cases offer differing standards? It seems like they both say "plausibility" but I think I must be missing a distinction because I doubt our prof would have assigned us two cases that say the same thing...

Thanks!

maximator
Posts: 58
Joined: Wed Feb 03, 2010 6:33 am

Re: Bell Atlantic v. Twombly and Iqbal

Postby maximator » Fri Apr 29, 2011 8:37 pm

I think the big deal was you could read Twombly just to apply to big complicated anti-trust type cases but Iqbal indicates plausibility might go much further, to civil rights and the like.

User avatar
DoubleChecks
Posts: 2333
Joined: Fri Sep 25, 2009 4:35 pm

Re: Bell Atlantic v. Twombly and Iqbal

Postby DoubleChecks » Fri Apr 29, 2011 8:39 pm

i think you can also read into a different level of plausibility...dont have my notes on me, but there was a distinction, with Iqbal being 'harsher' overall -- least thats what i remember from last yr haha

User avatar
kalvano
Posts: 11728
Joined: Mon Sep 07, 2009 2:24 am

Re: Bell Atlantic v. Twombly and Iqbal

Postby kalvano » Fri Apr 29, 2011 8:55 pm

From months ago -


· Under Sierocinski and Conley, complaints did not have to be specific – notice pleading
· Under Iqbal and Twombly, complaints must be well-pleaded – mere conclusory allegations are not enough
· Iqbal (built on Twombly) – Claim must be plausible, not merely conceivable
o Can’t just allege conspiracy – Claimant must state why something is illegal or offer some type of proof or doubt

random5483
Posts: 684
Joined: Sat Mar 20, 2010 8:17 pm

Re: Bell Atlantic v. Twombly and Iqbal

Postby random5483 » Fri Apr 29, 2011 10:33 pm

Twombly and Iqbal basically say the same thing. The key difference is that the writer of the majority opinion of Twombly dissents on Iqbal (Judge Stevens I think). After Twombly there was some confusion as to whether or not the plausibility standard applied to cases other than anti-trust cases. The Iqbal decision clarified that the Twombly standard applies to all civil cases. Other than that, Iqbal basically says the same thing that Twombly does.

User avatar
Mr.Feeny
Posts: 58
Joined: Tue Aug 11, 2009 1:59 am

Re: Bell Atlantic v. Twombly and Iqbal

Postby Mr.Feeny » Sat Apr 30, 2011 4:15 pm

Thanks everyone! that helps




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: LgownaCav, nubcs and 2 guests