Menda K. Warne, Petitioner v. Bill J. Hall, Respondent

Summary

The court adopted the plausibility pleading standard for Colorado's counterpart to Rule 8, holding that conclusory allegations and allegations equally consistent with lawful conduct do not suffice to survive dismissal. Applying that standard, it held that Hall's amended complaint did not plausibly allege that Warne acted improperly in causing Ensign to terminate its contract with Hall, but remanded to allow Hall one further opportunity to amend because the new standard had not previously been announced in Colorado. Justice Gabriel, joined by Justices Marquez and Hood, dissented, arguing that the traditional notice-pleading standard should be retained and that Hall's allegations were sufficient even under the plausibility standard.