1) Be familiar with the arguments for and against fact pleading and
notice pleading. Why is a partial fact pleading requirement used in
connection
with allegations of fraud and mistake? Is it that fraud and mistake are
especially vague claims or that allegations of fraud or mistake are
likely
to be relied upon unjustifiably?
2) Does R. 9(b) apply only to complaints or can it apply to answers as well?
3) It will be helpful to know the elements of a cause of action for
fraud: They are
a. the defendant made a representation (or an omission if there was
duty to speak)
b. that was false
c. and material
d. with knowledge of falsity (sometimes intent that plaintiff rely
on the misrepresentation is included)
e. the plaintiff reasonably relied on the misrepresentation by the
defendant
f. causing damages
that the defendant made a representation
that it was false
that it was material
that the plaintiff reasonably relied on the misrepresentation by
the defendant
that damages were caused
When you allege them with particularity, are you providing evidence in favor of the truth of your allegations? What is the difference between pleading evidence and pleading with particularity?
5) Why did R. 9(b) make an exception in the particularity requirement for allegations of fraudulent intent?
6) What are the differences between Rule 9(b) and the Private Securities Litigation Reform Act?