Reassessing Heightened Antitrust Pleading Standards

Law360, New York (January 20, 2011, 2:28 PM EST) -- Judge Richard Posner said it best: “Pleading standards in federal litigation are in ferment after Twombly.”

In Bell Atlantic Corp. v. Twombly, the Supreme Court held that the factual allegations of a complaint in complex cases must suggest that the plaintiff has a plausible — as opposed to merely conceivable — claim for relief.

Initially, some lower courts seemed willing to give the decision its broadest possible interpretation, reasoning that a plaintiff had to plead sufficient facts to exclude possible legitimate justifications for the defendants’ conduct....
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.