Monday, May 21, 2007
Bell Atlantic and Other Supreme Court Opinions
The Supreme Court handed down its decision in Bell Atlantic v. Twombly today. The court held that to state a claim under section 1 of the Sherman Act the complaint must present enough factual matter to suggest that there was an agreement to engage in anticompetitive conduct as opposed to facts suggesting parallel courses of conduct that prevent competition. I read this opinion and thought about Chris Fairman's article, The Myth of Notice Pleading.
Here is a list from SCOTUS blog of the other opinions issued today. SCOTUS blog also has a roundup of news stories on the Bell Atlantic case here.
--Counseller
https://lawprofessors.typepad.com/civpro/2007/05/supreme_court_o.html