Correlation Plausibility: A Framework for Fairness and Predictability in Pleading Practice after Twombley and Iqbal
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Authors
Brown, Stephen R.
Issue Date
2011
Volume
44
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Imagine that you are a federal district-court judge. Twenty days ago, Jane Jones sued General Corporation and her boss John Boss alleging that John fired her because she was a woman.|Today, twenty days after the filing of the complaint, General Corporation and employer John Boss move you to dismiss Jane's claim arguing that, under Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, Jane has "fail[ed] to state a claim upon which relief can be granted." General Corporation and employer John argue that Jane's complaint does not plausibly suggest that John acted with discriminatory intent when he terminated Jane's employment. In alleging that employer John acted with the requisite discriminatory intent, Jane has pleaded...
Description
Citation
44 Creighton L. Rev. 141 (2010-2011)
Publisher
Creighton University School of Law