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In re Text Messaging Antitrust Litigation

United States Court of Appeals for the Seventh Circuit
630 F.3d 622 (2010)


Facts

A class-action suit was filed against the country’s major wireless phone carriers (defendants). The carriers were accused of conspiring to fix prices of text messaging services in violation of federal antitrust law. The trial court allowed the plaintiffs to file an amended complaint despite the carriers’ objection that the complaint failed to state a claim. The carriers sought an interlocutory appeal, asking the trial court to review the sufficiency of the plaintiffs’ complaint. The carriers argued that the complaint did not meet the standard for pleading set forth by the Supreme Court. The plaintiffs argued that the appeal did not present a controlling question of law, as the statute required. The judge found that the carriers’ appeal should be heard, holding that the law at issue remained unclear. For the interlocutory appeal to be heard, the United States Court of Appeals for the Seventh Circuit also had to grant permission for the appeal. The issue was thus brought before the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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