Law360.com published an article that I wrote about a recent
divided Fourth Circuit decision on the pleading standard for a
motion to dismiss an antitrust conspiracy. In the article, I ask
whether Twombly's "plausibility" standard is
a type of Rorschach test that reveals a judges preconceived
notions. Is there an objective standard that can be consistently
applied? Or is "plausibility," like beauty, in the eye of
the beholder. Lastly I offer some practical advice for antitrust
litigators when drafting a complaint or asserting/opposing a motion
to dismiss.
Click here to read the Law360.com article.
Click
here to read the blog post.
Originally published by Law360.
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