United States Court of Appeals for the Second Circuit · 2019-04-25
15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: civil; bar-review company for foreign LL.M. students sued a rival bar-review company and law schools under §§ 1 and 2 and RICO, alleging a conspiracy to exclude it from law school campuses; district court dismissed the complaint under Rule 12(b)(6); CA2 affirmed per curiam, adopting the district court's reasoning; result: claimant-lost; claim:
Uncertainty
Element agreement: route: the reasoning is in the adopted district court opinion, not in this text. `inference-from-conduct` rests on the panel's own contrast between the parallel campus bans and the student complaints that independently explain them; `_pleading` (conclusory allegations) is the other candidate.
Element agreement: holding: one sentence disposes of the § 1, § 2 and RICO claims together; that the failure is on the agreement element is taken from the panel's description of the district court's ruling on the "core claim that Barbri and the law schools conspired."
Misfit
None recorded
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 11
Elements 7–11 of 11
| Case | Statute of limitations (4-year civil under 15 U.S.C. § 15b; 5-year criminal under 18 U.S.C. § 3282) | Law-of-the-case doctrine in consolidated/MDL antitrust proceedings | Criminal mens rea: knowing participation in the conspiracy or intent to restrain trade | Ancillary restraints doctrine (restraint subordinate and collateral to a legitimate productive integration) | Horizontal cartel / hub-and-spoke conspiracy operating through vertical or dual-distribution arrangements |
|---|---|---|---|---|---|
| LLM Bar Exam, LLC v. Barbri, Inc. — 922 F.3d 136 (2019) · United States Court of Appeals for the Second Circuit · 2019 (15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| LLM Bar Exam, LLC v. Barbri, Inc. — 922 F.3d 136 (2019) · United States Court of Appeals for the Second Circuit · 2019 — not · pleaded (15usc1: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Concerted action ("contract, combination ... or conspiracy") between separate economic decisionmakers | not Counted merits instance applied / merits basis: pleaded; party: LLM Bar Exam, LLC (LBE; bar-review provider for foreign LL.M. graduates, plaintiff) v. Barbri, Inc. and the defendant law schools; theory: conspiracy between Barbri and the law schools (and among the law schools) to give Barbri campus access and to exclude LBE from campus; subject: party=LLM Bar Exam, LLC (LBE; bar-review provider for foreign LL.M. graduates, plaintiff) v. Barbri, Inc. and the defendant law schools; theory=conspiracy between Barbri and the law schools (and among the law schools) to give Barbri campus access and to exclude LBE from campus The per curiam gives no § 1 analysis of its own; it adopts LLM Bar Exam, LLC v. Barbri, Inc., 271 F.Supp.3d 547 (S.D.N.Y. 2017), which found the complaint, "shorn of its internal contradictions and conclusory assertions," did not plausibly support the core conspiracy claim. | campus bans of a bar-review vendor by several law schools; the complaint's own exhibits show each school reacting to student complaints | "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face."Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [5416:5577] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.At various times between 2010 and 2016, LBE was banned from campus or otherwise prevented from "tabling, advertising, renting classrooms and selling its product to Foreign LL.M. Students" by all the defendant law schools.Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [2595:2816] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.LBE alleges some of the schools decided to suspend LBE from campus "without any reason or explanation," id . at 20; see also id . at 45, 49, and other schools banned LBE due to the interference and negative comments of a Barbri representative.Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [2844:3087] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.Other allegations and the exhibits attached to the FAC suggest, however, that the law schools took action against LBE when administrators became concerned in response to a variety of complaints from students.Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [3088:3296] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.As the District Court noted, the FAC does not indicate whether the alleged agreements between Barbri and the law schools are oral or written.Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [6849:6990] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e.Upon review, we conclude that the District Court properly granted Defendants-Appellees' motion to dismiss because the FAC does not state a plausible claim to relief. We therefore adopt the District Court's discussion in all respects.Source: docroot/ir/caselaw/f3d_922.jsonl#/f3d/922/0136-01; Unicode character offsets [5692:5925] (end exclusive); SHA-256 7ab427925edcbd6b956fd18c28576252d49a664dc46174c514b20fd95febd83e. |