This isn’t just about legal technicalities; it’s about New Yorkers’ livelihoods and ability to make ends meet.
In Re Lipitor
(3rd Cir., filed March 28, 2016): Arguing that antitrust cases require pleadings to include sufficient facts to establish a plausible foundation for the allegations. Requiring the complaint include sufficient plausible facts will help avoid highly speculative antitrust lawsuits and unnecessary litigation costs.
On August, 21, 2017, the Third Circuit found that the district court had adopted a heightened pleading standard that exceeded Iqbal/Twombly. “Twombly and Iqbal require only plausibility, a standard not akin to a probability requirement. While Twombly and Iqbal require that factual allegations be enough to raise a right to relief above the speculative level, those cases make it clear that a claimant does not have to set out in detail the facts upon which he bases his claim.” (internal citations, alterations, and quotations omitted) “The alleged reverse payment here was ‘large’ enough to permit a plausible inference that Pfizer possessed the power to bring about an unjustified anticompetitive harm through its patents and had serious doubts about the ability of those patents to lawfully prevent competition.”
Plaintiff-friendly courts tilt the scales of justice at will.
Report Reveals Ongoing Crisis and Urgent Need for Reform
Evolution in Legal Landscape and Emerging Challenges Highlighted
St. Louis’ Legal Woes Exposed as Trial Lawyer Contributions Stall Reform
From Coasts to Courts, State Struggles Under Weight of Judicial Hellholes® Title