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“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

In Bell Atlantic Co. v. Twombly, the Supreme Court injected a “plausibility” standard into Rule 12(b)(6) for claims asserting an alleged antitrust conspiracy. Since then, lower courts, scholars, and practitioners have written...more

The FDA’s “Natural” Reluctance: What it Means for Class Action Lawsuits

A cottage industry of class action litigation recently grown up in the shadow of the FDA’s refusal to define the term “natural” for the purpose of food product labeling. In these class action suits, claimants allege that...more

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