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TWOMBLY, THE FEDERAL RULES OF CIVIL PROCEDURE AND THE COURTS

INTRODUCTION

In 1934, Congress enacted the Rules Enabling Act,1 authorizing the Supreme Court to promulgate uniform rules governing practice and procedure in the federal courts. The Federal Rules of Civil Procedure were thereafter enacted and took effect in 1938.2 A hallmark of the Federal Rules was a liberalization of pleading standards.3 The drafters rejected both the common law model, which required that pleadings sound in a cognizable legal theory of recovery, and pleading rules under the various procedural codes enacted by state legislatures, which generally required a plaintiff to allege facts sufficient to establish a cause of action.4

Rather, the Federal Rules adopted a practice of ...

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