Legal Opinion

Benoay v. Decker

District Court, E.D. Michigan

Decided June 30, 1981No. Civ. A. 74-72861PublishedCited by 48 opinions

1Opinion of the Court

OPINION

GILMORE, District Judge.

Several newly-added defendants to this case have brought motions to dismiss pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). The issue is whether plaintiffs have pleaded fraud with sufficient particularity to meet the requirements of FRCP 9(b).

This suit arose out of alleged fraud in the sale and management of oil and gas interests bought by plaintiffs in 1971. The origi nal complaint was filed on November 26, 1974, and the first amended complaint was filed on January 10, 1975, naming 16 defendants and 35 additional “John Doe” defendants.

The 16…

2Cases cited30 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  4. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  5. Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977

25 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
  2. Fed. Sec. L. Rep. P 90,266 Irene L. Wright, on Behalf of Herself and All Others Similarly Situated v. Ernst & Young LLPCourt of Appeals for the Second Circuit · 1998
  3. Bovee v. Coopers & Lybrand C.P.A.Court of Appeals for the Sixth Circuit · 2001
  4. United States Ex Rel. Bledsoe v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2003
  5. In re Consumers Power Co. Securities LitigationDistrict Court, E.D. Michigan · 1985

43 more not listed; retrieve them via the Exa API.

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