Tag Archives: Twombly/Iqbal

Sixth Circuit Reverses Antitrust Dismissal

In Carrier Corporation v. Outokumpu OYJ, Nos. 07-6052/6114 (Mar. 2, 2012)(Carrier.pdf), the Sixth Circuit reviewed the dismissal of antitrust claims which had been brought by purchasers of air-conditioning and refrigeration copper tubing.  Much of the lawsuit revolved around two decisions issued by the Commission of the European Communities (the “EC”) in 2003 and 2004, which determined … Continue Reading

Sixth Circuit Reverses Dismissal of Single-Issue Case, Reminding District Courts that Facts Must be Plausible- Not Persuasive- To Survive a Motion to Dismiss

On Friday, the Sixth Circuit reminded district courts that the pleading requirements articulated by the Supreme Court in Iqbal and Twombly require that facts pleaded be plausible, not necessarily that they be persuasive, to survive a motion to dismiss. In Mediacom Southeast v. BellSouth Telecommunications, Inc., Mediacom challenged AT&T’s right to offer video services over … Continue Reading

District Courts following Sixth Circuit’s Lead in Dismissing Complaints

As reported previously here, the Sixth Circuit in June reluctantly dismissed a complaint that probably would have been allowed to proceed in the pre-Twombly and pre-Iqbal era, recognizing that no discovery is permitted even though Plaintiff had no way of finding out the facts solely in the hands of Defendants. Since that ruling, numerous District Courts … Continue Reading

Sixth Circuit Examines for the Second Time This Week The Application of Twombly and Iqbal to a Complaint – This Time With a Different Result

For the second time this week, the Sixth Circuit reviewed a district court’s dismissal of an antitrust complaint for failure to state a claim upon which relief can be granted. As reported here, Judges Merritt, Clay and Griffin earlier this week upheld the dismissal of an antitrust complaint, even though the information necessary to establish Plaintiff’s … Continue Reading

Sixth Circuit Reluctantly Applies Twombly and Iqbal to Uphold Dismissal of Complaint Recognizing that Plaintiff Has No Way of Finding out the Facts in the Hands of Defendants

 In what appears to be a reluctant decision mandated by Supreme Court precedent, Judge Merritt, joined by Judges Clay and Griffin, recognize the insurmountable obstacles that a Plaintiff may face in alleging claims to survive a motion to dismiss.  In New Albany Tractor, Inc. v. Louisville Tractor, Inc., No. 10-5100 (6th Cir. June 21, 2011) … Continue Reading

Does Plausibility Have a Role at Summary Judgment?

The Sixth Circuit’s split decision in Harris v. J.B. Robinson Jewelers raises thought-provoking questions about application of the Rule 56 summary judgment standard.  The pro se plaintiff claimed that the defendant replaced a 2.35-carat pink diamond in her wedding ring with a smaller, colorless stone when she left the ring for resizing.  The district court granted the defendant’s motion … Continue Reading