We found the decision in Mills v. Bristol-Myers Squibb Co., 2011 WL 4708850 (D. Ariz. Oct. 7, 2011), interesting for at least three reasons. First of all, it’s another TwIqbal dismissal, so it goes on our TwIqbal cheat sheet.

But what’s even more interesting is precisely what the plaintiff wasn’t able to plead. The plaintiff claimed injury from an anti-clotting drug because, “‘[u]pon information and belief,’ [plaintiff] is a CYP carrier.” 2011 WL 4708850, at *2. While TwIqbal doesn’t bar information and belief pleading outright, Mills holds that such pleading can’t be used where the information is equally available to the plaintiff. That the plaintiff was apparently unwilling to pay for her own genetic testing didn’t cut it under TwIqbal...