Abstract
A half-century since the Supreme Court set forth the notice standard in Conley v. Gibson, recent divided decisions by the Court have heightened the pleading standard for plaintiffs. On the positive side, the new standard should reduce claims that have no merit from proceeding on to what can be costly discovery, but only at the cost of filtering out some meritorious claims, particularly when discovery is necessary to unearth information held exclusively by a defendant. Additionally, the new standard raises some Erie choice of law issues, and it seems to conflict with one of the complaint forms set forth in the Federal Rules of Civil Procedure. Thus, it appears that the Supreme Court's revision the pleading standard is not yet complete.
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