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THE AFTER-SHOCKS OF TWOMBLY: WILL WE "NOTICE" PLEADING CHANGES?

INTRODUCTION

Bell Atlantic Corp. v. Twombly1 was decided by the U.S. Supreme Court on May 21, 2007, and has already been cited more than 9,400 times as of March 15, 2008.2 The majority decision was not subtle in broadcasting its dissatisfaction with notice pleading,3 at least in large, complex antitrust conspiracy cases, and the dissent certainly viewed the majority's holding as a procedural revolution.4 Twombly was not to be ignored, and within a mere eight months every Circuit5 had at least paid lip service to Twombly; the Supreme Court had even cited it twice before the 2007 term ended in June.6

The bar and academic community immediately began to weigh in on the question of whether the ...

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