Laborers District Council Construction Industry Pension Fund v. OmnicareCase 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 Â§ 11, 15 U.S.C. Â§ 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)â€™s heightened pleading requirement, requiring that a party alleging claims of fraud or mistake â€œstate with particularity the circumstances constituting fraud or mistakeâ€; (2) whether investors seeking relief under Securities Act Â§ 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.
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Invited: October 4, 2010