Harry Wagner v. First Horizon Pharmaceutical Corp.

BIRCH, Circuit Judge:

In this appeal, we determine that even securities claims without a fraud element must be pled with particularity pursuant to Federal Rule of Civil Procedure 9(b); when that nonfraud securities claim is alleged to be part of a defendant’s fraudulent conduct. We also remind district courts of their supervisory obligation to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e) when a shotgun complaint fails to link adequately a cause of action to its factual predicates. Applying these determinations to this case, we VACATE the district court’s orders…