No. 22-16
Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P.
Response Waived
Tags: 12(b)(6) civil-procedure dismissal inference-drawing inferences judicial-discretion motion-to-dismiss pleading-standard pleadings rule-12b6 state-of-mind twombly-standard
Key Terms:
Jurisdiction
Jurisdiction
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether the courts below deviated from and disregarded this Court's holding in Bell Atl. Corp. v. Twombly
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the courts below deviated from and disregarded this Court’s holding in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), by granting dismissal with prejudice under Rule 12(b)(6) based on inferences of the motivation and the state of mind of the defendant, findings of fact that occurred in the absence of any record other than the amended complaint.
Docket Entries
2022-10-03
Petition DENIED.
2022-08-03
DISTRIBUTED for Conference of 9/28/2022.
2022-07-27
Waiver of right of respondent Pershing Square Capital Management, L.P. to respond filed.
2022-06-28
Petition for a writ of certiorari filed. (Response due August 5, 2022)
Attorneys
Business Exposure Reduction Group (BERG) Associates, LLC
Bruce Ira Afran — Attorney at Law, Petitioner
Bruce Ira Afran — Attorney at Law, Petitioner
Pershing Square Capital Management, L.P.
Jeffrey S. Trachtman — Kramer Levin Naftalis & Frankel LLP, Respondent
Jeffrey S. Trachtman — Herbert Smith Freehills Kramer (US) LLP, Respondent