Originally Posted by DJ's left nut
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.
Well, my understanding is just that it's completely changed the ballgame for litigants, and that initial hurdle is like a 12 foot canyon now.
I agree though, that a suit, especially a class action suit with the NFLPA would be able to take that on, much better than your average litigant. Especially when, as I see it, your evidence is pretty strong.
Just some things to think about. Kind of interesting. Not interesting enough for me to want to practice civil litigation in the federal courts, though.