Tag Archives: Twombly

Wisconsin Adopts Twombly, Though "No One Is Sure What Twombly Means"

In Data Key Partners v. Permira Advisers LLC, 2014 WI 86, the Wisconsin Supreme Court adopted the “plausibility” pleading standard articulated by the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), which overruled the Conley v. Gibson, 355 U.S. 41 (1957), “beyond doubt”/”no set of facts” standard. Now, in … Continue reading this entry

Bankers and Receivers Beware: Seventh Circuit Rules That Claimed Malicious Receivership Conspiracy Is Plausibly Pleaded

How much more than possible is “plausible?” After the Supreme Court’s seminal decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal, a plaintiff must allege enough facts to show a plausible right to relief. What this means in practice has been left to the lower courts and has yielded arguably disparate outcomes. Is the plausibility … Continue reading this entry

The Evolving Federal Pleading Standard: Twombly Meets the FTAIA

Further illustrating the increased difficulty in pleading potentially burdensome civil claims after Twombly and Iqbal, the Seventh Circuit reversed on interlocutory appeal a plaintiff’s claim that a conspiracy to fix potash prices outside the United States violated federal antitrust law because it influenced the price of potash sold inside the United States. Minn-Chem, Inc. v. Agrium … Continue reading this entry