Gary Jacobson, Mar 26, 2010
In Starr v. Sony BMG, the Second Circuit became the first court of appeals to vacate a district court’s judgment which had dismissed a federal antitrust complaint as failing to meet the standards for pleading a Sherman Act conspiracy enunciated in Twombly. The court directed that the case be remanded to the district court, where Plaintiffs may prosecute their allegations that the Defendants, the four major music labels, agreed to fix prices and restrain trade
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