· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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