Wednesday, November 12, 2014
On Monday, the U.S. Supreme Court used a Mississippi case to flush out some issues on Twombly pleading that I previously blogged about. The case is Johnson v. City of Shelby located here. The case made some interesting points in that the trial court and the 5th circuit had granted summary dismissal because the specific cause of action was not stated in the complaint. However, the U.S. Supreme Court stated that Twombly only required that sufficient facts be plead to state a cause of action and not necessarily the cause of action itself. As such, the case was reversed.