Heightened Pleading Requirements

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Heightened Pleading Requirements
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Ross v.A.H. Robins
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Basic Nature of the Suit
What did Ct find insufficiently specific?

• Robins issued glowing reports about Dalkon Shield
• Robins knew (or learned) that reports were false
• Robins did not correct them
• P bought held stock due to misrepresentations
• P injured because stock was overvalued (at time
  of purchase) due to misrepresentations

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What standard does the Ross court set for
pleading knowledge of falsity in securities cases?
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Dont facts pled already create strong inference
of knowledge?
Where did Gabrielson get her information?
What else should P have alleged to show strong
inference?
Is decision consistent with Rule 9(b)?
Do heightened pleading requirements make sense in
this type of suit?
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Private Securities Litigation Reform Act
In certain private securities class action
cases the complaint shall . . . state with
particularity facts giving rise to a strong
inference that the defendant acted with the
required state of mind.
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Leatherman
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Municipal 1983 Liability

• Under the Monell doctrine, cities are not
  liable under respondeat superior
• Theyre only liable if the employee was executing
  or implementing city policy

Whats the pleading issue in Leatherman?
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Three Ways of Thinking About a Case
Outcome
Substantive Legal Rule
Meta-Rule
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Meta-Rule
How did the Leatherman Court decide what rule to
apply?
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What should Court consider when deciding what a
FRCivP means?
Text of Rule
Prior Cases
Best Result
Legislative History
Purpose
Canons
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Crawford El
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