Data Key Partners v. Permira Advisors LLC

¶ 67. {dissenting). I would affirm the court of appeals. I would follow Wisconsin law and conclude that as a general rule, parties need not plead specific facts at the motion-to-dismiss phase. In the instant case, although the plaintiffs raised the business judgment rule in their complaint, the plaintiffs also set forth sufficient facts to *696plead around the rule and provide notice to the defendants of the claim being alleged.1

¶ 68. The majority opinion holds that "plaintiffs must allege facts that, if true, plausibly suggest a violation of applicable law,"2 the majority opinion relies on Bell…