• Supreme Court Modifies Rule 12 Standard -- Defendants Welcome the Shift from No Set of Facts to Plausibility
  • June 26, 2007 | Author: Michael A. Finio
  • Law Firm: Saul Ewing LLP - Harrisburg Office
  • On May 21, 2007, the United States Supreme Court issued a ruling clarifying the pleading requirements necessary for a plaintiff to survive a motion to dismiss claims brought under ยง 1 of the Sherman Act, and "retired" language routinely cited by plaintiffs in opposition to such motions. In Bell Atlantic Corporation v. Twombly, plaintiffs William Twombly and Lawrence Marcus brought suit on behalf of local-telephone and internet subscribers against BellSouth Corporation, Qwest Communications International, Inc., SBC Communications, Inc., and Verizon Communications, Inc.