We have covered Iqbal and Twombly several times in this space (see here, here, here, and here). Briefly, those decisions impose a “plausibility” standard on allegations in a complaint; if the facts pleaded are not plausible, the complaint is subject to dismissal under Civ.R. 12(b)(6). This is more onerous than the long-standing possibility or conceivability standard.
Earlier this week the First District cited Iqbal and Twombly [PDF] for what appears to be the first time, putting it in line with the Eighth and Ninth Districts as Ohio appellate courts which have adopted the heightened standard. To be sure, Ohio courts have consistently looked to federal case law for guidance in the interpretation of analogous rules, but Iqbal and Twombly were enough of a game changer to lead some to speculate that Ohio courts may demurr and retain the old standard.
This post was written by Jeffrey M. Nye.
