Wednesday, May 12, 2010

Second Circuit States that Pleading Allegations on "Information and Belief" Acceptable under Twombly

Per Arista Records, LLC v. Doe 3, --- F.3d ----, 2010 WL 1729107 (2d Cir. April 29, 2010):

The Twombly plausibility standard, which applies to all civil actions, see Iqbal, 129 S.Ct. at 1953, does not prevent a plaintiff from “pleading facts alleged ‘upon information and belief” where the facts are peculiarly within the possession and control of the defendant, see, e.g., Boykin v. KeyCorp, 521 F.3d 202, 215 (2d Cir.2008), or where the belief is based on factual information that makes the inference of culpability plausible, see Iqbal, 129 S.Ct. at 1949 (“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”). The Twombly Court stated that “[a]sking for plausible grounds to infer an agreement does not impose a probability requirement at the pleading stage; it simply calls for enough fact to raise a reasonable expectation that discovery will reveal evidence of illegal[ity].” 550 U.S. at 556.


At 4:18 PM, Anonymous Sherman Texas Attorney said...

Well reasoned decision. Until discovery progresses, "information and belief" should be a reasonable standard for pleading allegations.


Post a Comment

<< Home