Burden of allegation - sustany/dvg GitHub Wiki

The burden of allegation, also known as the burden of pleading, refers to the plaintiff�s obligation to plead sufficient assertions of facts to support a cause of action against a defendant.�

As established by the seminal cases Ashcroft v. Iqbal and Bell Atlantic v. Twombly, a party must plead sufficient, non-conclusory facts which state a claim of recovery that is �plausible on its face� to meet the burden of allegation.�

A party who fails to meet their burden of allegation will have their case dismissed through a Federal Rules of Civil Procedure 12(b)(6) motion.�

See also: Federal Rules of Civil Procedure - Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing