TOTM
You Mean Leegin’s Not the Only SCOTUS Antitrust Case?
While we have been going on and on and on about Leegin here at TOTM, Manfred Gabriel offers a detailed analysis and a prediction on Twombly, the pending SCOTUS case which may provide some important guidance on 12(b)(6) standards. Gabriel predicts that the Court will neither embrace the District Court’s ruling that plus-factors must be pleaded in a complaint to survive a motion to dismiss nor adopt the Second Circuit’s holding. Instead, Gabriel predicts that the Court will…