U.S. Supreme Court Justice David Souter will leave the Highest Bench in the Land in June. See articles by WSJ, NYT, WaPo, Bloomberg, Fox, and CNN.
Lawyers who practice in federal court will likely remember Justice Souter best/worst for writing the Court's opinion in Bell Atlantic Co. v. Twombly, 550 U.S. 544 (2007). Twombly held that a complaint can't survive a motion to dismiss unless it states a "plausible" claim. It also retired the Court's old shorthand for judging a complaint -- the "no set of facts" gloss from Conley v. Gibson, 355 U.S. 41 (1957). Courts cite Twombly more often than any other case.
The pro-defense Twombly outcome contrasts with Justice Souter's generally moderate-to-liberal record on the Court.
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