2. The majority in Swanson, Note 1, above, relied on Swierkiewicz, p. 565, supra, cited with approval

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2. The majority in Swanson, Note 1, above, relied on Swierkiewicz, p. 565, supra, cited with approval in Twombly. Although not overruled, is Swiekiewiczinconsistent with the requirement of plausible pleading? Is it consistent with Form 11? Compare Fowler v. UPMC Shadyside, 578 F.3d 203, 211 (3d Cir. 2009), with Thai v. Cayre Group, Ltd., 726 F.Supp.2d 323(S.D.N.Y. 2010); see also Thomas, The New Summary Judgment Motion: The Motion to Dismiss Under Iqbaland Twombly, 14 Lewis & Clark L.Rev. 15, 35 (2010).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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