Pleadings and Motions
Pleadings
Rule 9(b) requires that fraud and mistake be pleaded with particularity, identifying the who, what, when, where, and how of the alleged misconduct. Malice, intent, and knowledge may be alleged generally.
Securities claims face additional statutory requirements.
Alternative Names:
Particularity Requirement, Rule 9(b) Standard
Why it Matters?
The particularity requirement is a productive dismissal ground because fraud claims are frequently pleaded generally, and identifying the missing specifics is straightforward. The standard also reaches claims sounding in fraud even where not labeled as such, including some consumer protection and negligent misrepresentation claims. Arguing that a claim sounds in fraud extends the requirement to pleadings that assumed the general standard applied.
Frequently Confused with
Related terms
Frequently asked questions
What must be pleaded with particularity?
Does the standard reach unlabeled claims?
