Pleading Common Law Fraud in the Second Circuit

, New York Law Journal

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Quinn Emanuel Urquhart & Sullivan's Daniel L. Brockett and Jeremy D. Andersen write: Federal Rule of Civil Procedure 9(b) is clear on its face: "Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally." Nonetheless, almost 40 years after the rule's adoption, the Second Circuit began requiring plaintiffs to plead facts giving rise to a "strong inference" of scienter.

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