Originally Posted by Literature
I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with. That was hard to miss.
Those are mostly pleading problems though.
I can't see how a suit along these lines wouldn't survive a Mx to dismiss. From there, it's just going to be the standard preponderance requirements.
I guess it could come into play here, but I really don't see how Twombly
would really make an impact.