
Denny v. Carey
United States District Court for the Eastern District of Pennsylvania
72 F.R.D. 574 (E.D. Pa. 1976)
Relevant factsFree
A class of securities purchasers (plaintiffs) alleged First Pennsylvania Corporation (defendant) made false statements hiding its true financial condition through specific accounting practices, including improperly booking interest on defaulted loans as income and structuring foreclosed-property sales to avoid reporting losses; the defendants moved to dismiss under FRCP 9(b), arguing the particularity standard for pleading fraud was rigorous and unmet.
IssueFree
Whether Rule 9(b) imposes a rigorous burden of pleading on the plaintiff.
Related cases
Kearns v. Ford Motor Company567 F.3d 1120 (2009)United States ex rel. Bledsoe v. Community Health Systems, Inc.501 F.3d 493 (6th Cir. 2007)Sweeny Co. v. Engineers-Constructors, Inc.109 F.R.D. 358 (1986)Kegerise v. Susquehanna Township School District321 F.R.D. 122 (2016)Doe v. Smith429 F.3d 706 (7th Cir. 2005)