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Third Circuit En Banc Review of Sullivan v. DB Investments, Inc

by William A.S. Magrath William Magrath performs an in-depth analysis of the Third Circuit's en banc review of Sullivan v. DB Investments. Mr. Magrath notes that while a prediction of a decision based on the judges' questions during oral argument requires "reading the tea leaves,"...

After Twombly and Iqbal: Motions to Dismiss in Parallel Conduct Cases

by Dennis D. Palmer and Adam K. Fuemmeler This article analyzing recent court decisions considering motions to dismiss in antitrust cases is presented in two parts. Part I examines the Court's landmark decisions in Twombly and Iqbal, and discusses how courts have analyzed motions to dismiss in...

Deeper Look into Motions to Dismiss in a Post-Twombly and Iqbal Antitrust World

by Dennis D. Palmer and Adam K. Fuemmeler Excerpt: 1. Recent Case Law: Applying Twombly To Parallel Conduct Cases a. Cases In Which The Court Found The Alleged Conspiracy Plausible Due likely to confusion regarding the plausibility standard set out in Twombly and Iqbal , courts have sought...