172 F.3d 467, cert. denied 528 U.S. 874, 120 S.Ct. 178, 145 L.Ed.2d 151, 68 USLW 3080, 68 USLW 3196, 68 USLW 3228 (U.S. Oct 04, 1999).

The purpose of Federal Rules of Civil Procedure Rule 9(b), which requires that fraud be plead “with particularity,” is not, as some say, to give Defendants the ability to defend themselves. The purpose is “to force the plaintiff to do more than the usual investigation before filing his complaint,” because fraud allegations, once made public, can do great harm to the Defendant’s reputation.

For more information, please contact David B. Honig at dhonig@hallrender.com or (317) 977-1447.