Ofner v. Guinzburg

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Mere allegations of ‘parallel conduct,’ without more, do not ‘tend[] to exclude the possibility of independent action,’ and are therefore insufficient.”
• allegations that two executives admitted, on multiple occasions, that there was an agreement to block competitors from accessing data were “textbook examples of adequate direct evidence”
• “Plausibly pleading the first element, an agreement, requires ‘enough factual matter (taken as true) to suggest that an agreement was made’— that is, ‘enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of illegal agreement.’ ”
• “[A]lthough a complaint may not be amended by the briefs in opposition to a motion to dismiss, . . . courts may consider additional facts set forth in a brief opposing dismissal so long as those facts are consistent with the pleadings, . . .”

Source: CourtListener parenthetical corpus (CC0).