Monday, June 30, 2008

Seventh Circuit Restates Its "Notice Pleading" Interpretation of Twombly

Per Moore v. F.B.I., Slip Copy, 2008 WL 2521089 (7th Cir. June 25, 2008):

Even after the Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007), complaints in federal courts still are subject to the notice-pleading standard of Federal Rule of Civil Procedure 8(a). Limestone Dev't Corp. v. Village of Lemont, 520 F.3d 797, 803 (7th Cir.2008); Airborne Beepers & Video, Inc. v. AT & T Mobility LLC, 499 F.3d 663, 667 (7th Cir.2007). Notice pleading requires only that a complaint contain”enough facts to state a claim that is plausible on its face .” Bell Atlantic, 127 S.Ct. at 1974; accord Limestone, 520 F.3d at 803. In other words, Moore's complaint must provide enough detail to give fair notice of what his claim is and the grounds upon which it rests, so that the FBI may respond. See George v. Smith, 507 F.3d 605, 608 (7th Cir.2007); Airborne Beepers, 499 F.3d at 667.

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