We'd all better get used to it - we're going to be dissecting the Twombly (link in Noteworthy Cases) decision for quite some time. This month's discussion comes from a very well written article in the Tennessee Bar Journal. The article contains one of the most clearly stated summaries of Twombly that I have read.
The current issue of the Tennessee Bar Journal can be read online. The article appears at: http://www.tba.org/Journal_Current/tbj-2007_08.html. If you have any trouble accessing it, drop me a note and I will see about getting permission to e-mail it to you.
As the article points out, attorneys and the courts are going to be struggling with Twombly for quite some time. The good news is that Twombly isn't constitutionally based. It was decided only under the Federal Rules of Civil Procedure. That being the case, it doesn't apply to state courts, even those whose Rule 8 is identical to Federal Rule 8, although it does have some persuasive value and you can bet that defendants will be citing Twombly in state court motions to dismiss.
If anyone out there has seen Twombly raised in a state court action, I'd like to hear about it, so drop me a note or post a comment here.
The current issue of the Tennessee Bar Journal can be read online. The article appears at: http://www.tba.org/Journal_Current/tbj-2007_08.html. If you have any trouble accessing it, drop me a note and I will see about getting permission to e-mail it to you.
As the article points out, attorneys and the courts are going to be struggling with Twombly for quite some time. The good news is that Twombly isn't constitutionally based. It was decided only under the Federal Rules of Civil Procedure. That being the case, it doesn't apply to state courts, even those whose Rule 8 is identical to Federal Rule 8, although it does have some persuasive value and you can bet that defendants will be citing Twombly in state court motions to dismiss.
If anyone out there has seen Twombly raised in a state court action, I'd like to hear about it, so drop me a note or post a comment here.
~Tim
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