I wondering if anybody here has ." Ashcroft v. Iqbal 556 U.S. 662, 678 (2009)file a motion to dismiss for failure to state cause based on the recent Supreme Court rulings - Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) and "Ashcroft v. Iqbal 556 U.S. 662, 678 (2009) that established a higher standard of plausibility for pleadings to survive a motion to dismiss.
A plaintiff must provide the grounds of his entitlement, but Rule 8 generally does not require a detailed factual allegations." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley,355 U.S. at 47). It does, however, "demand[ ] more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal 556 U.S. 662, 678 (2009). Pleadings that contain nothing more than "a formulaic recitation of the elements of a cause of action" do not meet Rule 8 standards nor do pleadings suffice that are based merely upon "labels or conclusions" or "naked assertions" without supporting factual allegations. Twombly, 550 U.S. at 555, 557.
The Supreme Court has identified "two working principles" for the district court to use in applying the facial plausibility standard. 1. While the court must still assume the truth of well pleaded factual allegations, it does not have to accept as true legal conclusions couched as factual allegations. 2.Only a complaint that sustains a plausible claim for relieve survives a motion to dismiss.
Has anybody here successfully argued those standards to get a case dismissed?
* Last updated by: DAVID3 on 10/21/2015 @ 6:46 PM *