The 7th Circ.'s Guidance On Twombly

Law360, New York (January 10, 2011, 1:46 PM EST) -- On Dec. 29, 2010, the Seventh Circuit Court of Appeals, in an opinion by Judge Richard A. Posner, provided needed guidance on the burden faced by plaintiffs pleading an antitrust conspiracy under Twombly when — as is often the case before any discovery has been conducted — direct evidence is not available but other “plus factors” permit a plausible inference of an alleged conspiracy. That guidance was provided in an interlocutory appeal by the defendants in In re Text Messaging Antitrust Litig., No. 10-8037, 2010 U.S....
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