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Unpublished Paper
Deconstructing Bell Atlantic v. Twombly
ExpressO (2009)
  • Celine Mui, University of San Francisco
Abstract

In 2007, the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 (2007), changed not just antitrust parallel conduct claims but the entire landscape for complaints at the pleading stage. Though the case is known to be of great importance, it has also been known to be confusing and fraught with contradictions, causing great uncertainty for assessing the adequacy of a pleading. Given the importance of Twombly for pleadings and antitrust jurisprudence, the Supreme Court should clarify the issues arising out of the decision for the benefit of the lower courts that have struggled with its interpretation and for the benefit of the claimants to determine the requisite level of detail to withstand a motion to dismiss.

Keywords
  • Conley's no set of facts standard,
  • plus factor test,
  • no alternative explanation test,
  • plausibility standard
Disciplines
Publication Date
October 19, 2009
Citation Information
Celine Mui. "Deconstructing Bell Atlantic v. Twombly" ExpressO (2009)
Available at: http://works.bepress.com/celine_mui/1/