How much more than possible is “plausible?” After the Supreme Court’s seminal decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal, a plaintiff must allege enough facts to show a plausible right to relief. What this means in practice has been left to the lower courts and has yielded arguably disparate outcomes. Is the plausibility … Continue reading this entry Tags: Iqbal,Pleading Standards,Twombly
Further illustrating the increased difficulty in pleading potentially burdensome civil claims after Twombly and Iqbal, the Seventh Circuit reversed on interlocutory appeal a plaintiff’s claim that a conspiracy to fix potash prices outside the United States violated federal antitrust law because it influenced the price of potash sold inside the United States. Minn-Chem, Inc. v. Agrium … Continue reading this entry Tags: Foreign Trade Antitrust Improvements Act,Iqbal,Pleading Standards,Seventh Circuit,Twombly
