Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Circuit has not decided whether Iqbal displaced it. All 38 flagged citations have been read. The two opinions discussing that unresolved question are listed below; the other opinions applied the decision or discussed changes to other precedents. Its separate holding allowing new issues in a district court trademark opposition action was not challenged in these opinions.
38 later cases cite Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Questioned
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The D.C. Circuit left open the government's argument that Iqbal invalidated Aktieselskabet's interpretation of Twombly.
Tooley v. Napolitano · D.C. Circuit · filed
The government argues that Iqbal extended Twombly, thus invalidating a construction of Twombly previously advanced by this court in Aktieselskabet AF 21 November 2001 v. Fame Jeans, 525 F.3d 8 (D.C.Cir.2008). While we do not reject the government’s argument, upon reflection we believe that we should affirm the district court in this case for reasons distinct from but not inconsistent with the holding in Iqbal.
Read the full opinion on CourtListener → -
The district court said it remained unsettled whether Iqbal overruled Aktieselskabet's pleading analysis and did not resolve the question.
Douglas v. District of Columbia Housing Authority · D.D.C. · filed
The D.C. Circuit has yet to settle whether Iqbal extended Twombly and thus overruled Aktieselskabet. See Tooley v. Napolitano, 586 F.3d 1006, 1007 (D.C. Cir. 2009) (refusing to either reject or accept the government’s argument that Iqbal invalidated Aktieselskabet). And this Court need not settle the issue today.
Read the full opinion on CourtListener →
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