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What are Rule 9's requirements for pleading special matters?
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- čas přidán 23. 04. 2014
- What are Rule 9's requirements for pleading special matters? This vide discusses Federal Rule of Civil Procedure 9 and the particularity requirements to plead fraud and mistake. To discuss further, feel free to send me an email and to comment below. Also, please visit my website and blog. I offer online tutoring and consultations with discounts for subscribers.
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A few years ago, this precise issue - it even involved allegations of fraud regarding the value of a fake painting - was tested on the CA Bar Exam. Neither of the 2 Model Answers published on the Bar's website even mentioned Rule 8 or Rule 9. And remember, these were "model answers." They did talk about the well-pleaded complaint rule and Twombly and Iqbal or whatever, and there were other issues raised in the question, but even still... Wow. And people wonder why the pass rate out there is well below 50 percent.
Thanks, PA. If you have a link to the exam I’d be interested. It’s possible that the call of the question was focused on something else perhaps.
Thank you for this video!
And it's not fraud if no money changed hands before the case? What if Debbie sues Patty for the agreed payment but Patty figured out it was a fake after the contract was agreed and refuses to pay? Now she is sued for breach of contract. Debby is suing her as DBA for an art company that isn't even registered. Now how will Rule 9 help Patty defend herself against Debby if no money changed hands? Can she file a motion to dismiss because Debby's company is not a legal entity? Or should she file a counterclaim using Rule 9 even though no money was exchanged YET?
What would be your strategy in this case?
Thanks BA. You've asked a number of questions so let's try to take this a step at a time. I assume there could be a criminal issue for attempting to defraud someone. If Patty figures out that Debbie is a fraudster and she doesn't go through with the transaction I don't think there is a civil fraud.
If Patty refuses to pay she has a defense that Debbie was trying to defraud her. She would need to raise fraud as a defense subject to the particularity requirements of Rule 9(b). Patty would at some point probably move for summary judgment based on evidence that Debbie was attempting to defraud her.
As for counterclaims, I assume Debbie breached the contract because she didn't sell the art she promised.
I'm not sure what you're asking in the DBA question because it seems to be outside the scope of the video. Thanks for watching and you might find the uslawessentials website interesting: uslawessentials.com
@@USLawEssentials Thanks a lot! I will def check out your website & your answers helped a lot!
can rule 8 and rule 9(b) be used together in a single complaint? thanks
Rule 8 applies to all pleadings in federal court. Rule 9 also applies to those pleadings that include allegations of fraud (or a defense of mistake). So if someone is alleging fraud his allegations must satisfy Rule 8 and Rule 9.
USLawEssentials thank you mystery lawyer 👍