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Civil Procedure Keyed to Subrin
Bell Atlantic Corp v. Twombly
Citation:550 U.S. 544 (2007)
ProfessorBrittany L. Raposa
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- 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.
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- 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. Review the Facts of this case here:
Plaintiffs on behalf of a putative class of telephone and high-speed internet subscribers, filed a complaint alleging that Defendants violated § 1 of the Sherman Act. The complaint alleged that Defendants conspired by means of conscious parallelism to inhibit the growth of upstart telecommunications companies and to eliminate competition. The alleged purpose of the conspiracy was to allow each involved local telephone company to dominate a specific market. Plaintiffs did not introduce any additional evidence of an agreement between the companies. Defendants moved to dismiss under FRCP Rule 12(b)(6). The court granted this motion. The U.S. Court of Appeals for the Second Circuit overturned the dismissal. The United States Supreme Court granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.