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Sixth Circuit· 12/11/1975

Malone v. United States Postal Service

Citations

  • 526 F.2d 1099
  • 90 L.R.R.M. (BNA) 3287
  • 1975 U.S. App. LEXIS 11514

How courts have described this case

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

  • suggesting that “the defendant’s state of mind” is relevant to a Section 18(a) claim, and that “the ultimate outcome of the litigation may hinge upon who bears the burden of establishing” it
  • Fed. R. Civ. P. 9(b) required plaintiff's pleading to allege facts concerning when defendants knew about their product's major safety problems
  • “It will not do merely to ... rely on such meaningless phrases as ‘scheme and conspiracy.’ ”
  • “[i]t is reasonable to require that the plaintiffs specifically plead those events ... which give rise to a strong inference” that defendant knew of falsity
  • “The purpose of § 18(a) is to further the particular objective of encouraging reliance 4 upon records filed with the SEC by expressly authorizing damage actions against those 5 making false filings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Celebrezze, Edwards, McCree

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Sourced from CourtListener / Free Law Project (CC0).

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