Ninth Circuit Precedent Limits Fraud-Based Label Claims
By EsqSocial Corporation 20/12/24
It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal Rule of Civil Procedure 9(b). Rule 9(b) requires that a party plead fraud with particularity, which means that the complaint must identify the who, what, when, where, and how of the misconduct charged as well as what is false or misleading about the purportedly fraudulent...
By: Foley & Lardner LLP