Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

Geoffrey C. Hazard, Jr., And The Lessons Of History, Tobias Barrington Wolff Apr 2010

Geoffrey C. Hazard, Jr., And The Lessons Of History, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

This is a biographical piece honoring Professor Geoffrey Hazard and his historical approach to the study of civil practice and procedure.


The Pleading Problem In Antitrust Cases And Beyond, Herbert J. Hovenkamp Jan 2010

The Pleading Problem In Antitrust Cases And Beyond, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

In its Twombly decision the Supreme Court held that an antitrust complaint failed because its allegations did not include enough “factual matter” to justify proceeding to discovery. Two years later the Court extended this new pleading standard to federal complaints generally. Twombly’s broad language has led to a broad rewriting of federal pleading doctrine.

Naked market division conspiracies such as the one pled in Twombly must be kept secret because antitrust enforcers will prosecute them when they are detected. This inherent secrecy, which the Supreme Court did not discuss, has dire consequences for pleading if too much factual specificity ...