The US Court of Appeals for the Second Circuit affirms dismissal of conspiracy and monopolization in the elevator industry for failure to meet Twombly pleading standards (In re Elevator Antitrust Litigation)

On September 4, 2007, the Second Circuit Court of Appeals affirmed the dismissal of all claims in In re Elevator Antitrust Litigation, No. 06-2138-cv, 2007 WL 2471805 (2d Cir. Sept. 4, 2007) (slip opinion available at http://www.ca2.uscourts.gov), finding that the complaint failed to satisfy the pleading requirements articulated by the Supreme Court earlier this year in Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007). The Supreme Court’s Twombly