Twombly And Antitrust Class Action Plaintiffs

Law360, New York (January 27, 2011, 1:10 PM EST) -- The U.S. Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), was a watershed development in the standards for dismissal under Federal Rule of Civil Procedure 12(b)(6). It retired the standard that had existed under Conley v. Gibson, 355 U.S. 41 (1957), whereby a court could only dismiss a claim if it appeared, beyond a doubt, that the plaintiff would be able to prove no set of facts in support of the claim that would entitle it to relief.

The Supreme Court...
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