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This Article concludes that the differences between the motion to dismiss and summary just call into question the propriety of Iqbal and Twombly. Sorema N.A., which concerned the standard by which courts dismiss employment discrimination claims under Rule 12(b)(6), effectively may be dead. Moreover, as a result of the similarities between the motion to dismiss and the summary judgment standards, the Supreme Court ease of Swierkiewicz v. Not coincidentally, the motion to dismiss appears to be having some of the same effects as summary judgment, including on the dismissal of employment discrimination claims. This new plausibility standard is converging with the standard for summary judgment under Rule 56. Under the standard, a court decides whether a claim is plausible. Twombly, the Supreme Court created a new standard for granting motions to dismiss under Rule 12(b)(6). This Article concludes that the differences between the motion to dismiss and summary just call into question the propriety of Iqbal and Twombly.ĪB - This Symposium Article argues that the motion to dismiss is the new summary judgment motion. N2 - This Symposium Article argues that the motion to dismiss is the new summary judgment motion. T2 - THE MOTION TO DISMISS UNDER IQBALAND TWOMBLY. This Article concludes that the differences between the motion to dismiss and summary just call into question the propriety of Iqbal and Twombly.", ![]() This Article concludes that the differences between the motion to dismiss and summary just call into question the propriety of Iqbal and Twombly.Ībstract = "This Symposium Article argues that the motion to dismiss is the new summary judgment motion. ![]() This Symposium Article argues that the motion to dismiss is the new summary judgment motion.
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