1. Can the Third Circuit United States Court of Appeals raise and rule on a non-jurisdictional or dispositive argument alleging fraud, that was expressly disavowed by the benefitting party and neither supported with evidence nor allegation, to overcome the District Court's grant of summary judgment?

2. Does the "particularity" provision of Federal Rule of Civil Procedure 7(b) require the same specificity as the "particularity" provision of 9(b)?

Whether the Third Circuit can raise and rule on a non-jurisdictional argument alleging fraud that was expressly disavowed by the benefitting party and unsupported by evidence to overcome a District Court's summary judgment