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In re Text Messaging Antitrust Litigation

United States Court of Appeals for the Seventh Circuit

630 F.3d 622 (2010)

Relevant factsFree

In the same text-messaging price-fixing litigation, the trial court allowed plaintiffs to file an amended complaint over the carriers' objection that it failed to state a claim; the carriers sought an interlocutory appeal to have the sufficiency of the complaint reviewed, and the trial judge certified the appeal, finding the governing legal standard unclear, while the plaintiffs argued the appeal didn't present a controlling question of law as the interlocutory-appeal statute requires.

IssueFree

May an appeals court grant an interlocutory appeal if the appeal seeks a ruling on the sufficiency of the allegations of a complaint?

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