Not the Same Old Story: Using Narrative Theory to Understand and Overcome the Plausibility Pleading Standard

Abstract

The Twombly' and Iqbal cases drastically changed the pleading standard for lawsuits governed by the Federal Rules of Civil Procedure, requiring a litigant to plead facts demonstrating that her right to relief goes beyond "sheer possibility" and is, in fact, "plausible." Prior to these cases, litigants and judges alike understood that Rule 8, which by its terms requires only a "short and plain statement of the claim," embodied a liberal notice pleading standard.