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Affirmative Defenses Plausibility Standard

Kelley Drye & Warren LLP

Second Circuit Requires Defendants to Satisfy Twombly’s Plausibility Standard to Sustain Affirmative Defenses

On March 12, 2019, the Second Circuit Court of Appeals issued an Opinion in GEOMC Co. v. Calmare Therapeutics Inc., 918 F.3d 92, which clarifies the previously amorphous standard for pleading affirmative defenses. The...more

Robins Kaplan LLP

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

Robins Kaplan LLP on

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

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