Also known as: well pleaded factual allegations · well-pleaded facts · Twombly/Iqbal standard
Written by attorneys · grounded in primary & secondary sources — see below
Specific, nonconclusory statements of fact in a complaint that a court accepts as true when assessing whether the pleading states a plausible claim for relief. Courts first strip away legal conclusions and labels, then ask whether the remaining factual content allows a reasonable inference of liability rather than a mere possibility of misconduct.
Wren Wright sued Dalton & Pierce alleging the firm conspired with opposing counsel to prolong litigation for higher fees. The complaint pointed only to jointly requested continuances and cordial emails between the lawyers. After setting aside the bare label of conspiracy, the court found no factual allegations suggesting an improper agreement and dismissed the action.
Virgin Records America sued Lacey for copyright infringement after she downloaded eight specific recordings. The complaint identified each song by title, album, and sound recording number. On default, the court treated those well-pleaded factual allegations as admitted and entered judgment for the plaintiffs.
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Courts disregard bare legal conclusions and labels. Only the remaining well-pleaded factual allegations are accepted as true and tested for plausibility.
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The court draws on judicial experience and common sense to determine whether the facts allow a reasonable inference of liability. Facts that are merely consistent with unlawful conduct fall short.
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Those terms are legal conclusions. Without supporting factual detail showing an agreement or specific wrongful acts, the allegations remain conclusory and do not survive a motion to dismiss.
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…While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Applying these principles, Iqbal’s complaint fails to state a claim.…