Antitrust Pleading After Twombly
A few interesting highlights from the report:
- “federal courts are granting, at almost a 2:1 ratio, defendants’ motions to dismiss.”
- Sample sizes still too small to say anything meaningful about inter-Circuit variation, but the report tells us that the D.C. Circuit has refused to grant all defendants’ motion to dismiss while the 5th and 11th Circuits have granted 100% of them (only 6 and 2, respectively)
- The 9th hears the most antitrust cases over the sample (19) and grants defendants’ motion to dismiss 74% of the time
- The 3rd Circuit came in with the lowest motion to dismiss success rate at 33% (5 of 15)
Check out the whole report. Lots of really interesting stuff in there including appendix with discussion of all the cases.