Twombly’s Impact on Motions to Dismiss

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Daniel Crane, May 22, 2007

Yesterday, in the Twombly case, the U.S. Supreme Court ruled that plaintiffs alleging a contract, combination, or conspiracy in violation of Section 1 of the Sherman Act must plead more than the conclusion that the defendants agreed to the illegal conduct. They must assert facts that, if proven true, would plausibly support the inference that the defendants conspired to commit an antitrust violation. Two