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THREE LIMITATIONS OF TWOMBLY: ANTITRUST CONSPIRACY INFERENCES IN A CONTEXT OF HISTORICAL MONOPOLY
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St. John's Law Review
- Article date:
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July 1, 2008
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Copyright informationCopyright St. John's Law Review Association Summer 2008. Provided by ProQuest LLC. (Hide copyright information)
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INTRODUCTION
In Bell Atlantic Corp. v. Twombly,1 the Supreme Court has thrown litigants and lower courts into confusion by consigning to the dustbin key phraseology2 that has served as a guiding light on motions to dismiss for half a century: that a motion to dismiss should be denied "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief."3 Because that venerable phrase was an old friend to attorneys who actively litigate, the Supreme Court's rejection of it has led many to sense a cataclysmic change in the legal landscape.4 Other decisions rendered by the Court since Twombly indicate, however, that fears of a ...
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