U.S. Bank N.A. v. Ashon

How courts have described this case

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

• holding that “plaintiffs’ action [was] timely because it was brought within six years of when, with due diligence, they should have discovered the fraud”
• holding that the fraud or concealment provision applies to actions for breach of fiduciary duty in which the underlying action itself sounds in fraud
• holding that in order to plead fraud with particularity, a complaint must “specify the time, place, speaker, and content of the alleged misrepresentations” and “should explain how the misrepresentations were fraudulent”
• holding that “it is not enough that plaintiffs had notice that something was awry; plaintiffs must have had specific knowledge of the actual breach of duty upon which they sued” (cleaned up)
• stating that a court need not grant leave to replead a dismissal under Rule 9(b) when repleading would be futile
• finding that a Rule 9(b) motion need not be considered at the summary judgment stage after the close of discovery, by which time the defendant \had all of the particulars\

Source: CourtListener parenthetical corpus (CC0).