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All main topics / Law / Civil Law / Civil Procedure 1L
Bell Atlantic v. Twombly
Baby Bells, allegedly agreed not to let competitors use their networks and not to compete w/one another, CEO said competing w/other Baby Bells might make money, but wouldn't be right.  Customers alleged conspiracy in restraint of commerce due to parallel activity and CEO's comment.  Sherman Anti-Trust Act.

H - Souter - Proper standard for pleading antitrust is "plausibility to infer an agreement."  "Does not impose probability requirement at the pleading stage; it simply calls for enough fact to raise a reasonable expectation that discovery will reveal evidence of illegal agreement."   Parallel legal activity is not enough to cross the line from conceivable to plausible.

Wants to protect companies from expensive discovery. 

This is a heightened pleading standard, though they say otherwise.

Dissent says it too quickly dispenses with Conley.

Since Twombly, some people think it is the apocalyptic end of notice pleading, others don't find it so different.
Tags: Pleading, Specificity
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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