Case Study: Anderson News V. American Media

Law360, New York (April 12, 2012, 1:29 PM EDT) -- In Anderson News LLC v. American Media Inc., Docket No. 10-4591-cv (2d Cir. April 3, 2012), the Second Circuit tackled, yet again, the meaning of the “plausibility” standard for Federal Rule of Civil Procedure 12(b)(6) motions to dismiss antitrust claims. Judge Amalya L. Kearse’s opinion for the three-judge panel offers perhaps the clearest, most thorough explication of the plausibility standard for antitrust cases since it was first employed by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly.[1] Nevertheless, substantial questions remain.

The district court...
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