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Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-1980 · judgment March 30, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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.
Counsel of record
For petitioner
Bruce Ira Afran
Attorney at Law
For respondent
Jeffrey S. Trachtman
Herbert Smith Freehills Kramer (US) LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 27 2022Waiver of right of respondent Pershing Square Capital Management, L.P. to respond filed.
- Jun 28 2022Petition for a writ of certiorari filed. (Response due August 5, 2022)