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Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?

On January 14, 2011 by Schnader

In a decision more critical for procedure than its end┬áresult, the United States Court of Appeals for the Seventh Circuit considered, and ultimately rejected, an interlocutory bid by Verizon Wireless LLC, AT&T Mobility LLC, Sprint Nextel Corp., and T-Mobile USA Inc. – who allegedly control 90% of the U.S. text messaging market – to dismiss a putative class action alleging that they conspired to fix text message prices.

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