5. For an allegation to be plausible must it be the best explanation, the most likely explanation,...

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5. For an allegation to be plausible must it be the best explanation, the most likely explanation, a reasonable explanation, a probable explanation, a possible explanation, or the only explanation of the conduct that is alleged to be illicit? See Cavanaugh,Making Sense of Twombly, 63 S.C. L. Rev. 97, 112(2011) (“We are left with a sort of Goldilocks approach:

probability (too much); possibility (too little); plausibility (just right).”); see also In re Text Messaging Antitrust Litig., 630 F.3d 622, 629 (7th Cir. 2010) (Posner, J.) (“What is plausible has a moderately high likelihood of occurring.”).

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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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