The Antitrust Review of the Americas 2009

Dismissal Standards Following Bell Atlantic v Twombly - A One-Year Retrospective

The Antitrust Group at Cohen Milstein Sellers and Toll PLLC

01 January 1900

The Federal Rules of Civil Procedure (FRCP) allow a defendant to challenge the sufficiency of a civil complaint's allegations at the outset of the litigation, before the answer is due and before the defendant is obligated to commit the resources necessary for a full-scale defence of the litigation.1 This challenge is made by way of a formal noticed motion to the court and is generally referred to as a motion to dismiss.

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