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.

Laborers District Council Construction Industry Pension Fund v. Omnicare

Case dismissed, pursuant to Rule 46, on November 5, 2010
Docket No. Op. Below Argument Opinion Vote Author Term
09-1400 6th Cir. TBD TBD TBD TBD OT 2010

Issue: Whether claims under Securities Act § 11, 15 U.S.C. § 77k(a), for which proof of fraud or mistake is no element of prima facie liability, are subject to Federal Rule of Civil Procedure 9(b)’s heightened pleading requirement, requiring that a party alleging claims of fraud or mistake “state with particularity the circumstances constituting fraud or mistake”; (2) whether investors seeking relief under Securities Act § 11, for which neither negligence nor fraud is an element of liability, may be required to plead facts showing either fraud or negligence; and (3) whether the courts reverse the burden that Congress placed on certain defendants, of demonstrating due diligence as an affirmative defense, by requiring plaintiffs to plead facts rebutting it.

Briefs and Documents

Certiorari-stage documents

Term Snapshot