Law360, New York (April 23, 2008, 12:00 AM ET) -- Despite hundreds of citations to, and reliance upon, the U.S. Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007), addressing pleading standards, the lower courts have not yet elaborated on how the Twombly-articulated “plausibility” standard should be applied to specific allegations of Sherman Act Section 2 claims, including bundling cases.
Recently, in Cascade Health Solutions v. PeaceHealth, 515 F.3d 883 (9th Cir. 2008), the Ninth Circuit adopted a substantial change to the standard for proving a Section 2 bundling claim, arguably also...
The Implications Of Twombly And PeaceHealth
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