Pleading & Pretrial

Question 1

Pleading standard after Twombly (2007) and Iqbal (2009)?

Accepted Answer

A complaint must contain enough factual matter, accepted as true, to state a claim that is plausible on its face; legal conclusions are not assumed true. (Source: Bell Atlantic v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009))

Question 2

Which FRCP rule governs a motion to dismiss for failure to state a claim?

Accepted Answer

Rule 12(b)(6). (Source: Fed. R. Civ. P. 12(b)(6))

Question 3

Standard for summary judgment under FRCP 56?

Accepted Answer

No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. (Source: Fed. R. Civ. P. 56(a))

Question 4

Celotex Corp. v. Catrett (1986) — key point?

Accepted Answer

A moving party that does not bear the burden of proof at trial can obtain summary judgment by pointing to the absence of evidence supporting the non-movant's case. (Source: Celotex Corp. v. Catrett, 477 U.S. 317 (1986))

1.Pleading standard after Twombly (2007) and Iqbal (2009)?

2.Which FRCP rule governs a motion to dismiss for failure to state a claim?

3.Standard for summary judgment under FRCP 56?

4.Celotex Corp. v. Catrett (1986) — key point?