SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Marcus
Bell Atlantic Corp. v. Twombly
Citation:
550 U.S. 544 (2007)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Following the 1984 divestiture of AT&T’s local telephone business, a system of regional service monopolies (ILECs) was created, while a separate competitive market for long-distance service emerged. In 1996, Congress passed the Telecommunications Act, which restructured local telephone markets and imposed duties on ILECs to facilitate market entry by competitors known as Competitive Local Exchange Carriers (CLECs). The plaintiffs, representing a class of subscribers, alleged that the ILECs conspired to restrain trade in two ways: first, by engaging in parallel conduct to inhibit the growth of CLECs by providing inferior network connections, overcharging, and engaging in other anticompetitive practices; second, by agreeing not to compete with one another in their respective territories despite opportunities to do so. The complaint cited statements by Richard Notebaert, CEO of ILEC Qwest, that competing in another ILEC’s territory “might be a good way to turn a quick dollar but that doesn’t make it right,” as evidence of this alleged agreement.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
9m 26sTopic Outline 
