Comments on Dorf on Law: An Alternative to Senator Specter's Notice Pleadin...

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If you're a plus size woman you've probabl...

2010-08-20T23:23:33.575-04:00

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I assume the "implausibility" clause is ...

2009-08-04T22:07:26.266-04:00

I assume the "implausibility" clause is intended to preserve the rule in Tyler v. Carter. I'm a bit concerned that as drafted, this language may be prone to abuse, but I can't think of anything that could substitute by "frivolity."

Would this statute preclude the following reasonin...

2009-07-29T18:03:37.521-04:00

Would this statute preclude the following reasoning:

The complaint alleges X, which is not a valid claim under the applicable legal standard. While there may be a set of facts Y consistent with the complaint that would constitute a valid claim, that is not the most natural reading of the complaint. Hence the complaint is dismissed.

That strikes me as the basic reasoning of Twombly, though instead "not the most natural reading of the complaint" the Court said that the set of facts Y were "implausible."

In an earlier version of this post, I noted the in...

2009-07-29T14:59:34.569-04:00

In an earlier version of this post, I noted the incorrect link. In any event, it is now fixed.

2009-07-29T08:14:11.404-04:00

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