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· 7/24/2015

Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC

Citations

  • 797 F.3d 160
  • 2015 U.S. App. LEXIS 12800
  • 2015 WL 4492258

How courts have described this case

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

  • holding that \identification of the group suffices to meet the particularity of attribution required by Rule 9(b)\ where specific misrepresentations in offering documents are at issue and defendants acted collectively in making the alleged misstatements
  • recognizing that where plaintiffs did not allege a misrepresentation, scienter would be inadequately pleaded
  • holding that a plaintiff cannot “merely recite[]” admissions in a consent order
  • holding that, by not allowing plaintiffs to submit a new pleading attempting to correct any deficiencies, the district court “violated the liberal spirit of Rule 15” (quoting Williams v. Citigroup, Inc., 659 F.3d 208, 214 (2d Cir. 2011))
  • reaffirming that denying leave to amend is proper on the grounds of “undue delay, bad faith, dilatory motive, and futility”
  • reaffirming that denying leave to amend is proper on the grounds of “undue delay, bad faith, dilatory motive, and futility”

Source: CourtListener parenthetical corpus (CC0).

Judges: Leval, Calabresi, Lynch

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.