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· 7/3/2001

Abels v. Farmers Commodities Corp.

Citations

  • 259 F.3d 910
  • 2001 WL 740870

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that Rule 9 does not change the notice pleading paradigm, only that certain claims under Rule 9 require “a higher degree of notice” to demonstrate facial plausibility
  • “We think it only fair to give them [the benefit of discovery] before requiring them to plead facts that remain within the defendants’ private knowledge.”
  • “It is settled, as we have already said, that Rule 9(b) applies to allegations of mail and wire fraud”
  • “Because misrepresentations of fact are not necessary to the offense, it follows that no misrepresentations need be transmitted by mail or wire.”
  • “[A] plaintiff seeking to hold a principal liable for an agent’s fraud must plead not only fraud but also agency with particularity.”
  • “[A] plaintiff seeking to hold a principal liable for an agent’s fraud must plead not only fraud but also agency with particularity.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Fagg, Perry

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.