Arroyo v. Wheat’s Empirical Analysis

Citation profile

3 district ·

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Fed.R.Civ.P. 9(b) declares that in a pleading, whenever fraud is averred, the circumstances constituting the fraud shall be stated with particularity. * * * Rule 9(b) also is applicable to the common law fraud claim for relief. * * * The claim of conspiracy falls under the Rule. * * * So do the state law claims. * * * Since Rule 9(b) contains pleading requirements, it relates to procedure in federal courts and governs diversity actions. * * * Its requirements must be met in the complaint itself. * * * Accordingly, [discovery] may not take the place of the requisite particularity in the allegations of the complaint. ❖ sis s¡: sfc s|s :;s Statements of the time, place and nature of the alleged fraudulent activities must be included in the complaint. * * * It has been held that the plaintiffs should have to detail the misrepresentations of which they complain, explain in what way they were false, and designate the facts that support an inference of fraud by each defendant. ❖ H< >Is The role of each defendant in the allegedly fraudulent activities should be specified. * * * Where the plaintiffs allege a conspiracy to defraud them, Rule 9(b) particularity is required. * * * As important, the complaint ought to inform each defendant of what he did that constituted joining into the conspiracy. * * * Such conclusory allegations as “participation” and “substantial assistance” are insufficient. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. Graziose v. American Home Products Corp.