Here are some questions concerning Rule 9(b)

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

4) Think about how one alleges the following elements of fraud with particularity in a complaint.

 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?