Time to assess Twombly
Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)?
Seven years after Blawgletter said that "[w]e'll save our assessment of [Twombly's] impact until the impact becomes clearer", we can now
A June 25th ruling by the Supreme Court cleared the way for workers to bring claims under the Employee Retirement Income Secuirity Act of 1974 against ERISA plan fiduciaries who imprudently allow or require the employees to invest in their employers' stock. But the window of liability for imprudent fiduciaries might not last very long
To Blawgletter's eye, a complaint that alleges patent infringement bears itself with a certain elegance. Such a pleading often runs but several pages, and in substance it states that the Bad Guy defendant does some thing or things that infringe the Good Person plaintiff's patent. And Form 18 — which appears with its brothers and
Do you text? You know — that typey thing you do with your mobile phone. Choose the number, key in the words, hit send and — presto — the text goes over the wireless network to your best friend's Storm/iPhone/Android/Pixon/i8510/Touch HD/n85/Renoir.
Easy, right? But not cheap.
Which fact seems to have prompted the filing of
The Third Circuit came out last week with a 200-page rumination on the post-Twombly plausibility of conspiracies under section 1 of the Sherman Act (and the Racketeer-Influenced and Corrupt Organizations Act). In re Ins. Brokerage Antitrust Litig., No. 07-4046 (3d Cir. Aug. 16, 2010).
The court upheld dismissal of hub-and-spoke conspiracy claims that