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Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article published in the Global Competition Review's "The Antitrust Review of the Americas 2018." ...
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Partners
Robert Abrams,
Gregory Commins, and
Danyll Foix authored an article published in the Global
Competition Review's "The Antitrust Review of the
Americas 2018." Their article reviews how the
"plausibility" pleading standard announced by the Supreme
Court in recent years has changed not only how claims are alleged,
but also how this standard may be useful in motions to dismiss,
strike, and amend antitrust and class action claims. In these
motions, three decisive substantive issues have emerged –
whether standing is plausibly alleged, whether the alleged class
includes uninjured members, and whether the alleged class members
are ascertainable. Their article considers plausibility-based
motions that can challenge claims at the onset of antitrust and
class action litigation and the emerging substantive issues to be
considered by parties pursuing or defending antitrust class action
litigation.
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.
