Theodore C. Swartz v. Kpmg Llp, and Presidio Advisory Services Inc. Deutsche Bank Ag Deutsche Bank Securities, Inc.

How courts have described this case

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

• holding that “[t]o the extent [plaintiff] seeks a declaration of defendants’ liability for damages sought for his other causes of action,” the claim must be dismissed as “merely duplicative”
• concluding that, in a fraud suit involving multiple defendants, a plaintiff must “identif[y] the role” each defendant played “in the alleged fraudulent scheme,” informing “each defendant separately of the allegations surrounding his alleged participation in the fraud”
• holding that “claims sounding in fraud must allege an account of the 9 time, place, and specific content of the false representations as well as the identities of the 10 parties to the misrepresentations”
• explaining that Rule 9(b) requires an account of the content of the allegedly false representations
• holding district court may consider “allegations contained in the pleadings, exhibits 10 attached to the complaint, and matters properly subject to judicial notice”
• explaining that plaintiff’s “mere ‘bare bones’ assertions of minimum contacts with the 22 forum or legal conclusions unsupported by specific factual allegations will not satisfy a plaintiff’s 23 pleading burden.”

Source: CourtListener parenthetical corpus (CC0).