Agreement and summary procedures
Contents
Place in the Framework
Agreement often becomes dispositive at pleading, summary judgment, or class certification because the plaintiff must show enough evidence to justify treating parallel conduct as concerted action.
Core Questions
- What must a complaint allege to make agreement plausible?
- What evidence is enough to survive summary judgment?
- How do courts handle ambiguous evidence that is consistent with both agreement and independent conduct?
Working Notes
Add procedural standards, burden language, and leading cases on when agreement evidence can reach a factfinder.