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31 Harv. J. L. & Pub. Pol'y 827 (2008)
Plausible Explanation of Pleading Standards: Bell Atlantic Corp. v. Twombly

handle is hein.journals/hjlpp31 and id is 835 raw text is: RECENT DEVELOPMENTS A PLAUSIBLE EXPLANATION OF PLEADING STANDARDS: Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007) Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a plaintiff's complaint contain a short and plain statement of the claim showing that the pleader is entitled to relief.' Fifty-one years ago, in Conley v. Gibson,2 the Supreme Court unanimously declared that a complaint should not be dis- missed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.3 Last term, in Bell At- lantic Corp. v. Twombly,4 the Court called into question this mantra, holding that plaintiffs alleging an antitrust conspiracy under section 1 of the Sherman Act5 must allege some factual context suggesting agreement.6 In requiring that plaintiffs plead enough facts to state a claim to relief that is plausible on its face,7 the Court issued a broad decision that appears to tighten the reins on pleading standards. The more stringent approach in Twombly signals a growing hostility toward litiga- tion and a shift away from the liberal Conley mindset. Because Twombly's holding is somewhat ambiguous, however, lower courts and plaintiffs' lawyers have significant leeway to tease out the meaning of plausibility in different contexts. In 1984, telephone conglomerate AT&T underwent divesti- ture, leaving behind a number of regional service monopolies.8 Congress then passed the Telecommunications Act of 1996 to facilitate market entry and encourage these regional service 1. FED. R. CIV. P. 8(a)(2). 2. 355 U.S. 41 (1957). 3. Id. at 45-46 (emphasis added). 4. 127 S. Ct. 1955 (2007). 5. 15 U.S.C. § 1 (2000). 6. Twombly, 127 S. Ct. at 1961. 7. Id. at 1974. 8. See id.

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