Babcock v. Cae-Link Corp.

How courts have described this case

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

• stating that a plaintiff must do more than merely assert “conclusory allegations of fraud against multiple defendants without identifying each individual defendant’s participation in the alleged fraud”
• finding that allegation that an individual “acted as a representative” for defendants was insufficient to create inference of agency relationship because “it fail[ed] to indicate with particularity the factual predicate for the agency relationship”
• requiring “that a plaintiff alleging fraud must make particular allegations of the time, place, speaker, and contents of the allegedly false acts or statements”
• “[I]n Florida, an action for negligent misrepresentation sounds in fraud rather than negligence.”
• requirements of Rule 9(b) apply to all cases in which the gravamen of the claim is fraud, even if the theory supporting the claim is not technically termed fraud
• “A complaint fails to meet the particularity requirements of Rule 9(b) when a plaintiff asserts merely conclusory allegations of fraud against multiple defendants without identifying each individual defendant’s participation in the alleged fraud.”

Source: CourtListener parenthetical corpus (CC0).