Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Cole v. Harris

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1334 6th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether, if a complaint is dismissed for failing to meet the requirement of Federal Rule of Civil Procedure 9(b), that the circumstances of the fraud be stated “with particularity,” and additional requirements added by the Private Securities Litigation Reform Act of 1995 (“PSLRA”), including the requirement to plead facts “giving rise to a strong inference” of scienter, the dismissal should be “with prejudice,” despite the general provision of Federal Rule of Civil Procedure 15(a)(2) that courts should “freely give” leave to amend a pleading “when justice so requires,” on the grounds that to allow a plaintiff to file an amended complaint with more detail would “frustrate the purpose” of the PSLRA.

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