Bess v. Texas

How courts have described this case

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

• holding that “[b]ecause the complaint fails to meet the Twombly pleading standard, we do not consider whether the stricter pleading requirements of Federal Rule of Civil Procedure 9(b) apply to the reliance element of [plaintiff’s] common law fraud claims.”
• finding that plaintiff failed to plead reliance with particularity under Rule 9(b) where the complaint failed to identify the specific misrepresentations relied upon in deciding whether to purchase Bear Stearns securities
• declining to consider whether Rule 9(b) applies to reliance allegations in common law fraud cases
• affirming the dismissal of a fraud claim where the plaintiff failed to identify “any part of its complaint that adequately alleges reliance on any misrepresentations”
• affirming the dismissal of a fraud claim where the plaintiff failed to identify “any part of its complaint that adequately alleges reliance on any misrepresentations”
• “[A]s a statute of repose, § 1658(b)(2) is not subject to equitable tolling.”

Source: CourtListener parenthetical corpus (CC0).