Editor's Note :

Editor's Note :

This week the blog will publish a multi-part online symposium on United States v. Texas, a challenge by Texas and twenty-five states to the Obama administration's deferred-action policy for immigration. Contributions to this special feature, as well as an “explainer” by this blog's Lyle Denniston, are available here.

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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