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
If you’ve thought about filing a business lawsuit in federal court or you have one underway already, you’ll probably want to read about two still-in-process studies by Columbia University and Harvard University law school professors on how the U.S. Supreme Court under Chief Justice John Roberts (2005-present) has treated business lawsuits, and how that treatment
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
We've known at least since Bell Atl. Co. v. Twombly, 550 U.S. 544 (2007), that competitors can engage in parallel conduct — charging the same price, offering the same product features, setting identical contract terms — without running afoul of the Sherman Act. A plaintiff claiming a violation of section 1, which bars conspiracies
Did high-flyer Winstar co-opt its auditing firm?
Defendants facing securities fraud claims have won more than their share of cases in the last half a decade or so. Decisions by the U.S. Supreme Court have helped.
In 2011, for instance, the Court ruled that you must have "ultimate authority" to make a false statement
Today, Blawgletter has the pleasure of giving honor to an item by one of our firm's newest lawyers, David Shank, late from a clerkship with the estimable and Honorable Barbara M. Lynn.
Mr. Shank spotted a big issue in a new Texas law that aims to cut back on what our lawmakers and
Blawgletter wrote a paper class cert in antitrust cases for a Practising Law Institute program that went webinar last month. Read it here if you dare:
Where to file. From a plaintiff's perspective do you have favorite courts to file antitrust class actions. What are the undesirable courts from a defense perspective. Are there
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