The Tennessee Supreme Court rejected the Twombly/Iqbal analysis applied in federal court to relate motions to dismiss for failure to state a claim. The Tennessee Supreme Court continues to apply the standard articulated in Conley v. Gibson, 355 U.S. 41 (1957) that the court should grant a motion to dismiss only when it appears that the plaintiff can prove "no set of facts" that would entitle the plaintiff to relief. Click here for an excellent article authored by my law partner, J.K. Simms, regarding the Tennessee Supreme Court’s recent ruling in Webb v. National Area Habitat for Humanity, Inc., rejecting the Twombly/Iqbal "plausibility" standard.
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October 25, 2011
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