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Twombly's Plausibility Standard in Product Liability Cases

The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."

35 minute read May 26, 2009 at 10:29 AM
By
Brian W. Fields
Twombly's Plausibility Standard in Product Liability Cases

Plausible impossibilities should be preferred to unconvincing possibilities. ' Aristotle

On May 21, 2007, the United States Supreme Court decided an antitrust case that impacts every new civil case, including product liability cases, filed in federal court.

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