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Starr v. SONY BMG Music Entertainment: The Second Circuit’s Misapplication of Twombly in a Section 1 Sherman Act Conspiracy Case Alleging Parallel Conduct

BY | March 26, 2010

Kenneth Logan, Jonathan Youngwood, Mar 26, 2010 On January 13, 2010, in Starr v. SONY BMG Music Entertainment, a panel of the United States Court of Appeals for the Second…

Kenneth Logan, Jonathan Youngwood, Mar 26, 2010

On January 13, 2010, in Starr v. SONY BMG Music Entertainment, a panel of the United States Court of Appeals for the Second Circuit reversed the October 9, 2008 opinion and order of the Honorable Loretta A. Preska, United States District Judge for the Southern District of New York. In Starr, Judge Preska had found that plaintiffs’ second amended complaint fell short of the standards set forth by the Supreme Court in Twombly. The panel found t

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