Legal Alert: Antitrust Update
When in Doubt, Challenge the Sufficiency of the Complaint
May 04, 2011
The Seventh Circuit Court of Appeals recently added another tool to the arsenal of antitrust defendants—challenging the sufficiency of the complaint.
In an opinion by Richard Posner, one of the country’s most respected jurists, the court granted discretionary interlocutory appeal to consider whether the class pled sufficient facts to state a claim. The court granted review since the pleading standard in antitrust cases is yet unsettled. Since the Supreme Court’s decision in Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007) which set forth the standard for pleadings, few cases have interpreted its application to the antitrust context. Thus, the area is ripe for appellate review.
©2024 Snell & Wilmer L.L.P. All rights reserved. The purpose of this publication is to provide readers with information on current topics of general interest and nothing herein shall be construed to create, offer, or memorialize the existence of an attorney-client relationship. The content should not be considered legal advice or opinion, because it may not apply to the specific facts of a particular matter. As guidance in areas is constantly changing and evolving, you should consider checking for updated guidance, or consult with legal counsel, before making any decisions.
Plaza Tower
| 600 Anton Boulevard
| Suite 1400
| Costa Mesa, CA 92626-7689
The material in this newsletter may not be reproduced, distributed, transmitted, cached or otherwise used, except with the written permission of Snell & Wilmer.
The material in this newsletter may not be reproduced, distributed, transmitted, cached or otherwise used, except with the written permission of Snell & Wilmer.