United States Second Circuit

In an interlocutory appeal from the district court's order denying defendant's motion to dismiss a complaint alleging an antitrust claim involving defendant's surcharges, the matter is remanded for further consideration, where in the circumstances of this case, the district court applied an incorrect standard in accepting as true plaintiff's allegation that it was not aware of, or with due diligence could not have become aware of, sufficient facts to plead an antitrust claim that would survive a motion to dismiss in the context of a bankruptcy proceeding.

Appellate Information

• Decided 03/27/2014
• Published 03/27/2014

Judges

• NEWMAN

Court

• United States Second Circuit

Counsel