The U.S. Supreme Court’s rulings in Bell Atlantic v. Twombly and Comcast v. Behrend made it much tougher for plaintiffs to survive dismissal motions and win class certification. Now, if you believe leading U.S dairy company Dean Foods Co., the court has a perfect opportunity to clarify the standards governing motions for summary judgment, and to ensure that antitrust plaintiffs establish basic elements of their case early on.
On Friday the justices are set to consider whether to grant cert in Dean Foods v. Food Lion, a long-running antitrust class action alleging that Dean conspired with Dairy Farmers of America Inc. to thwart competition for bottled milk in the southeast United States. Dean and DFA, represented by Seth Waxman of Wilmer Cutler Pickering Hale and Dorr, say the case would make an ideal complement to Twombly and Comcast, antitrust cases in which the court broadly tightened threshold pleading standards and the predominance requirement in class actions, respectively.
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