No. 24-1325

Go New York Tours Inc. v. Gray Line New York Tours, Inc., et al.

Lower Court: Second Circuit
Docketed: 2025-06-30
Status: Denied
Type: Paid
Response Waived
Tags: factual-inference judicial-interpretation plausibility-standard pleading-requirements summary-adjudication twombly-iqbal
Key Terms:
Antitrust Trademark
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Should this Court reconsider or clarify the pleading standards of Bell Atl. Corp. v. Twombly and Ashcroft v. Iqbal because lower courts nationwide have converted this Court's 'plausibility' standard for pleadings into an overly restrictive 'more probable than not' standard?

Question Presented (OCR Extract)

There is substantial confusion and inconsistency among the lower courts concerning how to interpret and apply the “plausibility” pleading standard, leading courts to prematurely adjudicate claims that are not only “plausible,” but that re st on a firm factual basis. This Court should clarify that the “plausibility” stan dard was intended to give district courts a mechanism for weeding out clearly meritless claims, but was not intended to empower district courts to adjudicate material disputed factual i ssues at the pleading stage without permitting at leas t limited and focused dis covery concerning such disputed issues of fact. This case is a paradigmatic example of how the lower courts have erred in applying the “plausibility” standard, and thus, is an ideal vehicle for this Court to clarify the confusion and inconsistencies among the lower courts. The Question Presented Is : Should this Court reconsider or clarify the plead ing standards of Bell Atl. Corp. v. Twombly , 550 U.S. 544 (2007) and Ashcroft v. Iqbal , 556 U.S. 662 (2009) because lower courts nationwide, including the lower courts in this case, have converted this Court’s “plausibility” standard for pleadings into an overly restrictive “more probable than not” standard, and in so doing (a) routinely fail to provide all reasonable inferences in favor of the plaintiff, and (b) often adju dicate material disputed fa ctual issues at the plead ing stage?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-06
DISTRIBUTED for Conference of 9/29/2025.
2025-07-28
Waiver of right of respondents Gray Line New York Tours, Inc., Twin America, LLC, and Sightseeing Pass LLC to respond filed.
2025-07-25
Waiver of right of respondents Big Bus Tours Group Limited, Big Bus Tours Limited, Open Top Sightseeing USA, Inc., Taxi Tours, Inc., Leisure Pass Group Holdings Limited, Leisure Pass Group Limited, Leisure Pass Group, Inc. to respond filed.
2025-06-25
Petition for a writ of certiorari filed. (Response due July 30, 2025)

Attorneys

Big Bus Tours Group Limited, Big Bus Tours Limited, Open Top Sightseeing USA, Inc., Taxi Tours, Inc., Leisure Pass Group Holdings Limited, Leisure Pass Group Limited, Leisure Pass Group, Inc.
Daniel M. StoneOlshan Frome Wolosky, LLP, Respondent
Gray Line New York Tours, Inc., Twin America, LLC, and Sightseeing Pass LLC
Kerry K. JardineGordon Rees Scully Mansukhani, Respondent