Bell Atlantic v. Twombly

We would be remiss if we did not mention that in less than hour, the Supreme Court will hear oral arguments in Bell Atlantic v. Twombly.  The question presented is whether

a complaint states a claim under Section 1 of the Sherman Act, 15 U.S.C. § 1, if it alleges that the defendants engaged in parallel conduct and adds a bald assertion that the defendants were participants in a ‘conspiracy,’ without any allegations that, if later proved true, would establish the existence of a conspiracy under the applicable legal standard.

The always excellent SCOTUSblog has a detailed preview of the arguments.

[Update: the transcript is now online.]

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