United States Second Circuit

In a suit alleging that national magazine publishers and their distribution representatives conspired to drive a wholesaler out of the single-copy magazine industry in violation of section 1 of the Sherman Antitrust Act and New York law, the district court's dismissal for failure to state a claim and its denial of the plaintiff's request for permission to file an amended complaint are reversed, where: 1) the proposed amended complaint was sufficient to make the antitrust claim plausible; and 2) the district court erred in characterizing the factual allegations as conclusory and in refusing to accept as true the reasonable inferences that could be drawn from those allegations.

Appellate Information

• Decided 04/03/2012
• Published 04/03/2012

Judges

• Kearse

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael K. Kellogg, David G. Keyko