Law360.com published an article that I wrote about a recent divided Fourth Circuit decision on the pleading standard for a motion to dismiss an antitrust conspiracy. In the article, I ask whether Twombly's "plausibility" standard is a type of Rorschach test that reveals a judges preconceived notions. Is there an objective standard that can be consistently applied? Or is "plausibility," like beauty, in the eye of the beholder. Lastly I offer some practical advice for antitrust litigators when drafting a complaint or asserting/opposing a motion to dismiss.

Click here to read the Law360.com article.

Click here to read the blog post.

Originally published by Law360.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.