No. 19-457

Xia Bi, et al. v. Terry McAuliffe, et al.

Lower Court: Fourth Circuit
Docketed: 2019-10-08
Status: Denied
Type: Paid
Tags: circuit-split civil-procedure federal-rules-of-civil-procedure fraud fraud-pleading misrepresentation pleading reliance reliance-element rule-9b standing
Latest Conference: 2019-12-06
Question Presented (from Petition)

1. Whether Rule 9(b) of the Federal Rules of Civil Procedure imposes a particularity requirement for pleading the reliance element of common law fraud claims.

2. Whether foreign investors' exclusive reliance on misrepresentations contradicting English-language investment memoranda renders their reliance unjustifiable as a matter of law.

3. Whether company statements are attributable to the executives that are in charge of the company's daily affairs.

Question Presented (AI Summary)

Whether Rule 9(b) of the Federal Rules of Civil Procedure imposes a particularity requirement for pleading the reliance element of common law fraud claims

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-10-03
Petition for a writ of certiorari filed. (Response due November 7, 2019)

Attorneys

Xia Bi, et al.
Marina Vladimir BogoradGerard Fox Law, P.C., Petitioner