Esg Capital Partners v. Venable LLP

OPINION

PREGERSON, Circuit Judge:

INTRODUCTION

In this case we are dealing with the sufficiency of pleadings to survive a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291, and we affirm in part, reverse in part, and remand.

We conclude that appellant’s federal securities fraud claim is sufficiently pled under Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation Reform Act. 15 U.S.C. § 78j(b); 17 C.F.R. § 240.10b-5.

Appellant’s state law fraud claim, which parallels the federal securities fraud…