Drobnak v. Andersen Corp.’s Empirical Analysis
561 F.3d 778 · 2009
Citation profile
17 federal appellate · 32 district ·
How this case has been cited
Cited by 72 later decisions — most recently March 2025 · most notably Clemons v. Crawford (2009), O'Neil v. Simplicity, Inc. (2009)
17 federal appellate · 32 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Bell Atlantic Corp. v. Twombly · Wild v. Rarig · Florida State Board of Administration v. Green Tree Financial Corp. · United States Joshi v. St Luke's Hospital Inc · Commercial Property Investments, Inc. v. Quality Inns International, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Rule 9(b), a plaintiff must plead “such matters as the time, place and contents of false representations, as well as the identity of the person making the misrepresentation and what was obtained or given up thereby.” In other words, the party must typically identify the “who, what, where, when, and how” of the alleged fraud. This requirement is designed to enable defendants to respond “specifically, at an early stage of the case, to potentially damaging allegations of immoral and criminal conduct.” The level of particularity required depends on, inter alia, the nature of the case and the relationship between the parties. “Conclusory allegations that a defendant’s conduct was fraudulent and deceptive are not sufficient to satisfy the rule.” Rule 9(b) should be read “in harmony with the principles of notice pleading.””
6 later decisions quote this exact passage · from the majority“The notice ‘of the breach’ required is not of the facts, which the seller presumably knows quite as well as, if not better than, the buyer, but of buyer’s claim that they constitute a breach. The purpose of the notice is to advise the seller that he must meet a claim for damages, as to which, rightly or wrongly, the law requires that he shall have early warning.”
2 later decisions quote this exact passage · from the majority“[w]hen the facts constituting the fraud are peculiarly within the opposing party’s knowledge ... such allegations may be pleaded on information and belief. Rule 9(b) is deemed satisfied if the allegations are accompanied by a statement of facts on which the belief is founded.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.