In our March article, we addressed whether the Twombly tide might be receding in light of the decision by the 2nd U.S. Circuit Court of Appeals in Starr v. Sony BMG Musical Entertainment . There, the court reversed a Rule 12(b)(6) dismissal invoking Twombly , and held that the allegations were not conclusory and plausibly suggested parallel conduct. The 2nd Circuit found that “at the more limited motion to dismiss stage, a plaintiff need only allege enough factual material (taken as true) to suggest that an agreement was made.” A previous article in July 2008 addressed decisions in the 3rd Circuit holding that Twombly set neither a heightened nor plausibility standard, but a mere reiteration of what Rule 8 already required.
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