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· 9/19/2003

D.E. & J Ltd. Partnership v. Conaway

Citations

  • 284 F. Supp. 2d 719
  • 2003 U.S. Dist. LEXIS 16909
  • 2003 WL 22207640

How courts have described this case

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

  • holding that group pleading is “clearly inconsistent with [FRCP] 9(b)’s express requirements of specificity” and that the PSLRA “codifies a ban against group pleading”
  • observing that “[n]ot only does' such ‘group pleading run afoul of Central Bank [v. First Interstate Bank of Denver, N.A., 511 U.S. 164, 114 S.Ct. 1439, 128 L.Ed.2d 119 (1994) ], but also it fails to meet .. .Fed. R. Civ. P.9(b)’s specificity requirements....” (citing cases
  • acknowledging the impermissibility of group pleading under the particularity requirement of Rule 9(b)
  • acknowledging the impermissibility of group pleading under the particularity requirement of Rule 9(b)
  • “[L]oss causation cannot be found if an intervening cause was responsible for the plaintiffs economic loss.”
  • “Conclusory allegations of access to unspecified ‘internal records’ are insufficient to support a claim of ‘knowledge’ or ‘reckless disregard . . . .’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rosen

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.