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· 4/20/1990

Susan R. Wexner v. First Manhattan Co., John R. Loomis and Joseph Stein, Jr., Individually and as Co-Partners of First Manhattan Company

Citations

  • 902 F.2d 169
  • 16 Fed. R. Serv. 3d 485
  • 1990 U.S. App. LEXIS 6566

How courts have described this case

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

  • noting that failure to plead a strong inference of fraud “will not satisfy even a relaxed pleading standard”
  • noting that the exception to the strictures of Rule 9(b) “must not be mistaken for license to base claims of fraud on speculation and conclusory allegations”
  • finding Luce and DiVittorio “must not be mistaken for license to base claims of fraud on speculation and conclusory allegations.”
  • affirming dismissal for failure to satisfy Rule 9(b) because purported fraud claim “cannot be based on allegations which are themselves speculative”
  • “Where pleading is permitted on information and belief, a complaint must adduce specific facts supporting a strong inference of fraud or it will not satisfy even a relaxed pleading standard.”
  • ʺWhere 12 pleading is permitted on information and belief, a complaint must [still] adduce 13 specific facts supporting a strong inference of fraud or it will not satisfy even a 14 relaxed pleading standard.ʺ

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Meskill, Altimari

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.