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Case Detail


Bell Atlantic Corp. v. Twombly
On May 21, 2007, the U.S. Supreme Court issued a decision that cracks down on frivolous antitrust lawsuits by making it easier for defendants to win dismissal of such suits before being forced to incur the often colossal expense of discovery. The decision was a victory for WLF, which filed a brief in the case urging dismissal. WLF argued that unless antitrust defendants are provided a fair opportunity to win early dismissal of lawsuits, they will often end up agreeing to pay plaintiffs to settle what would ultimately be shown to be meritless claims. WLF also argued that such suits hurt the economy by chilling pro-consumer activity by companies that seek to avoid potential antitrust liability. The Court agreed with WLF that a complaint cannot withstand a motion to dismiss unless it includes sufficient factual allegations to give plausibility to the underlying claim (in this case, an alleged nationwide conspiracy to restrain competition in telephone service).
Case Status:
Victory.
More Information and Downloads:
4/6/2006: Download the Brief

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