Amicus Win in In re T-Mobile
Plaintiffs in the In re T-Mobile case, whom COSAL supported with an amicus brief, succeeded in convincing the 7th Circuit to deny Defendant’s petition for interlocutory review. In determining that immediate review was not warranted, the court of appeals stated it would be better to “have actual evidence before us, rather than continuing to debate at this stage of the case the abstract sufficiency of the pleadings.”
Although the order is brief, the court appears to agree that Twombly does not authorize a court to dismiss a plausibly-pled complaint based on a defendant’s presentation of hypothetical, alternative price-hiking causes in a motion to dismiss.
Congratulations to the COSAL Amicus Committee.
