6th Circ.'s Narrow Path For Plaintiffs Under Twombly
August 10, 2011, 12:47 PM EDT
Law360, New York (August 10, 2011, 12:47 PM EDT) -- In 2007, the United States Supreme Court decided Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed. 2nd 929. The court analyzed Federal Rule of Civil Procedure 8(a)(2) in conjunction with Federal Rule of Civil Procedure 12(b)(6) to decide whether or not a complaint for violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, should survive a motion to dismiss.
The complaint at issue described parallel conduct of competitors but failed to allege an agreement between competitors. The court held...