Legal Alert - Colorado Eschews “No Set of Facts” and Embraces the Federal Iqbal/Twombly Pleading Standard in Warne v. Hall


by Christopher J.L. Diedrich

In 2007, the United States Supreme Court applied a new, stricter standard to motions to dismiss, and extended and further explained that standard in 2009. While some state courts have followed suit, others have reaffirmed the older, more forgiving standard. Until now, the Colorado Supreme Court had not taken a position on this question, but this week decided in Warne v. Hall, 2016 CO 50, that Colorado would adopt the federal standard and require a greater factual showing before a case can proceed in Colorado state court.

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