US Supreme Court Watch: Bell Atlantic v. Twombly

Dismissal of a federal complaint, for failure to state a claim, could only be allowed if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim..." Then along came Twombly . Bell Atlantic v. Twombly, 127 S.Ct. 1955 (2007) is a case that involves complex, federal, antitrust class action. To most scholars, Twombly has important implications for antitrust litigators. And, it may also be part of a pattern reflecting closer judicial scrutiny of other complex litigation or class action complaints filed in federal court, and perhaps even in state court. Indeed, it may result in a new balance in the tension between the objective of providing meaningful court access to plaintiffs, and the goal of preventing discovery abuse to coerce settlements.