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Civil Procedure Keyed to Subrin
Bell Atlantic Corp v. Twombly
Citation:
550 U.S. 544 (2007)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
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.
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