Magazine article from our research archive:

THREE LIMITATIONS OF TWOMBLY: ANTITRUST CONSPIRACY INFERENCES IN A CONTEXT OF HISTORICAL MONOPOLY

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 ...

Related newspaper, magazine, and journal articles:

See all results. Or, try our Advanced Search.

Newsweek Harper's Magazine The Washington Post Chicago Tribune Crain's Chicago Business PRNewswire Pediatric News The Nation Advertising Age The Economist (US) A FREE trial gives you access to over 60 million articles! Access over 3,500 publications with a FREE trial!