Second Circuit: Nonspecific Fraud Allegations Aren't Enough

On April 20, in Frei v. Taro Pharmaceutical U.S.A., Inc., the U.S. Court of Appeals for the Second Circuit affirmed a Southern District of New York opinion from U.S. District Court Judge Vincent Briccetti, which dismissed, among other claims, a fraud claim brought under New York law for failure to meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b). Critically, the court found the complaint “fatally flawed” for failure to plausibly allege the drug manufacturer’s own...
By: Troutman Pepper

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