What Does Twombly Really Mean?

In a masterful understatement, the Fourth Circuit observed this week that, “[i]n the wake of Twombly, courts and commentators have been grappling with the decision's meaning and reach." Anderson v. Sara Lee Corp., 2007 U.S. App. LEXIS 26723 (4th Cir. Nov. 19, 2007). According to the Seventh Circuit: “Taking Erickson and Twombly together, we understand the Court to be saying only that at some point the factual detail in a complaint may be so sketchy that the complaint does not provide the type of notice of the claim to which the defendant is entitled under Rule 8.” Airborne Beepers & Video, Inc. v. AT&T Mobility LLC, 499 F.3d 663 (7th Cir. 2007). That is fair. It is also an entirely subjective judicial standard that provides no meaningful guidance to lawyers or litigants.

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