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Anything but General: Pleading Scienter in Rule 9(b) Claims.

Authors :
Roberts, Hannah Ruth
Source :
Business Torts Journal. Spring2017, Vol. 24 Issue 2, p17-18. 2p.
Publication Year :
2017

Abstract

The article examines how Federal Rule of Civil Procedure 9(b) creates a heightened pleading standard for fraud claims, and requires that lawyers plead circumstances of fraud with particularity. It mentions that courts have increased the standard for pleading scienter under Rule 9(b), but not in a consistent fashion. It also mentions that Lawyers in circuits need not to rest on general statements of intent for fraud claims.

Details

Language :
English
ISSN :
15492923
Volume :
24
Issue :
2
Database :
Academic Search Index
Journal :
Business Torts Journal
Publication Type :
Periodical
Accession number :
130188020