AAI Urges Rules Committee to Support "Pinpoint" Discovery as a Partial Solution to Twombly Problem

May 27 2010
Testimony and Interventions

In a letter to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, the AAI urged the Committee to permit limited,non-burdensome discovery prior to consideration of a motion to dismiss under Rule 12(b)(6), where the discovery would aid the plaintiffs in responding to the motion to dismiss and not prejudice public enforcement.

AAI President Bert Foer explained that, although the AAI supports legislation to reverse Twombly, allowing limited discovery would be a constructive step to alleviate the unreasonable adverse effects of Twombly and Iqbal on effective implementation of antitrust policy through private enforcement.