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Thursday, July 21, 2011

Civil Procedure: New Tennessee Supreme Court Case on Motions to Dismiss

The Tennessee Supreme Court released its opinion today in Webb v. Nashville Area Habitat for Humanity, Inc., No. M2009-01552-SC-R11-CV, (Tenn. Jul. 11, 2011). The summary of the opinion reads as follows:

In this action alleging retaliatory discharge, the trial court granted the defendant’s motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Tennessee Rule of Civil Procedure 12.02(6). The Court of Appeals vacated the trial court’s judgment, holding that the amended complaint sufficiently stated a cause of action for retaliatory discharge. We address the issue of the proper standard for Tennessee courts to apply in ruling on a Rule 12.02(6) motion to dismiss in light of the United States Supreme Court’s recent decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, ___ U.S. ___, 129 S. Ct. 1937 (2009). We decline to adopt the new Twombly/Iqbal "plausibility" pleading standard and affirm the judgment of the Court of Appeals.

(Underlining of case titles omitted.)

Here is a link to the opinion:

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