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Antitrust Litigation › Federal Rule 12(b)(6)

Proskauer Rose LLP

Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way - Insights - Proskauer Rose LLP

Proskauer Rose LLP on

Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case. The bigger the market, the...more

Shumaker, Loop & Kendrick, LLP

Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

Shumaker, Loop & Kendrick, LLP on

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that...more

Proskauer - Minding Your Business

A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage

Proskauer - Minding Your Business on

Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often existed. Courts are increasingly dismissing cases at the 12(b)(6) stage for...more

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